Stewart v. CMI Corp.

Plaintiff’s decedent, Lewis Junior Stewart, was killed while in the course of his employment when he was pulled into a large screw-auger. The auger was attached to a fine grader manufactured by defendant CMI Corporation. Stewart was using a portable vibrator to move cement through the auger. Plaintiff alleges that the auger system, as well as the platform on which Stewart stood to accomplish this job, was designed and manufactured by Gibbons & Reed, Stewart’s employer. Benefits were paid to Stewart’s heirs by Gibbons & Reed pursuant to the Workers’ Compensation Act. Plaintiff brought this…