Newton v. Caterpillar Financial Services Corporation

KHOUZAM, Judge.

Anthony Newton appeals the final summary judgment entered in favor of Caterpillar Financial Services. Because the piece of machinery that caused injuries to Newton is not a dangerous instrumentality, we affirm.

Newton was hired as an independent contractor by C&J Bobcat and Hauling, LLC, to assist its agent, Charles Cram, in clearing debris off a private lot in a residential area. Cram and Newton used a Bobcat model 257B3 loader to assist in clearing the lot. C&J did not own the Bobcat 257B3 loader; rather, it leased it from Caterpillar Financial Services. The loader was…