Major v. Schmidt Trucking Company

Plaintiff appeals a judgment which dismissed his amended complaint for (1) indefiniteness and lack of particularity in the averments of negligence and (2) failure to state a claim upon which relief can be granted.

The amended complaint alleged that the plaintiff was injured when he drove a battery-operated forklift truck onto a flat-bottom trailer owned by the defendant Schmidt Trucking Company, which had been leased to the defendant National Lumber Company.

Plaintiff alleged he was using the forklift to unload insulation and siding on the trailer and that the forklift “went through the…