Fulmer v. Clark Equip. Co.

James Eugene Fulmer was injured on July 4, 1990, while working within the line and scope of his employment with Reynolds Metals Company ("Reynolds"). Mr. Fulmer was injured when a platform that he was standing on, and which was being supported by a forklift manufactured by Clark Equipment Company, fell. He was taken to a hospital emergency room, but returned to work that same day. He continued to do light-duty work for approximately three weeks and then returned to his regular duties.

On June 29, 1992, within two years of the accident, Mr. Fulmer sued a co-employee, along with a fictitiously…