Shaw v. Central Oil Asphalt Corp.

This appeal is from a summary judgment granted in favor of ■ the defendant by the Court of Common Pleas of Summit County.

Rufus Shaw, the plaintiff-appellant, was a truck driver employed by Matlack, Inc. As one of his duties, he would drive tank trucks to Central Oil Asphalt Corp., defendant-appellee herein, to be filled with oil or asphalt or some other such substance. The loading procedure required that the truck be filled from the top. This meant that the driver had to climb a set of stairs to the loading platform from which he would open the lid situated atop the truck. One of Central…