Feil v. Challenge-Cook Bros.

DOWNEY, Judge.

Appellant Norman Feil was injured on November 20, 1979, at a construction site when he was struck on the head by a delivery chute for concrete, which dropped from a concrete mix truck to which it was attached while being operated. Concrete was in the chute and being poured while the chute was raised and lowered. The truck was owned by Rinker Materials Corporation and operated by one of its employees. Appellant filed suit against Rinker for negligence on June 20, 1980.1 *1339On March 26, 1981, a Third Amended Complaint was filed by appellants, Mr. and Mrs. Feil, adding Appellee…