Bowen v. Kaplan

HARRIS, Justice.

We affirm a ruling of the trial court sustaining a motion to dismiss an action brought against a workmen’s compensation insurance company. The principal theory was negligent inspection and the parties dispute whether there was an additional claim of failure to inspect.

Plaintiffs’ petition alleges Chester J. Bowen was injured in an industrial accident November 22, 1971 while operating a fork lift in a cold storage company building. It is alleged an elevator shaft was improperly left open so as to cause Bowen to fall down the shaft.

Plaintiffs, Bowen and his wife, brought suit…