Saldana v. Wirtz Cartage Co.

After a jury trial, a verdict was returned in favor of defendants, finding that they were not liable for personal injuries incurred by plaintiff when struck by a truck driven by defendant Fitzsimmons, an employee of defendant Wirtz Cartage Co. Judgment was entered on the verdict.

The pertinent evidence adduced at trial is as follows:

On the afternoon of November 14, 1970, plaintiff was employed by Allied Asphalt Paving Co. as a dumpman on a crew doing paving work on Landwehr Road in Northfield, Illinois. His duties as a dumpman involved a Barber-Green paving machine used for surfacing roads…