Cooper v. Magic City Trucking Service, Inc.

HARWOOD, Justice.. Peter Cooper filed suit against the Magic City Trucking Service, Inc., a Corporation, and W. E. Pope, the employee driver of one of its dump trucks, who Cooper alleges negligently backed a dump truck into him.

■The complaint claimed damages for pain and- suffering, medical expenses, loss of wages and permanent injuries.

At the time of the alleged injuries Cooper, an electrician, was working on a job in connection with the construction of a new department store in Birmingham. The ground floor of this building constituted a parking area on which asphalt was being spread, at the…