Linda Huffman, Individually and as Personal Rep. of the Estate of Jerry Huffman v. Dexter Axle Company & Evans Equipment Co.

I agree we should reverse summary judgment for Dexter for the reasons the majority states: Dexter owed Huffman, its invitee, a duty and there are fact issues as to breach and proximate cause. However, I believe it is unnecessary, and therefore inappropriate, to address OSHA regulations, DOT regulations, the interpretation and application of those regulations, preemption, and congressional intent in this relatively straightforward premises liability case.

As Huffman was an invitee, Dexter owed him a duty to exercise reasonable care for Huffman’s protection while Huffman was on Dexter’s…