Henderson v. Hercules, Inc.

In this personal injury case, defendant appeals from a judgment awarding plaintiff damages for injuries sustained when he was knocked or fell to the ground in trying to escape an explosion of one of defendant’s chemical storage tanks. Defendant makes four assignments of error: (1) granting partial summary judgment to plaintiff on determining as a matter of law that the release given by plaintiff to his employer was not intended to release defendant and excluding all reference to the release; (2) allowing plaintiff to amend his complaint on the morning of trial to allege an aggravation of his…