Smith v. U.S. Const. Co., Inc.

The plaintiff appeals from a judgment based on a directed verdict in favor of the defendant. The issue is whether the plaintiff was contributorily negligent as a matter of law.

Jerry Smith was employed by Brown Oil Company. As part of Smith's duties, he would drive a fuel truck to a particular construction site and fill the fuel tanks of the heavy equipment vehicles at the site. Smith was at a construction site owned by U.S. Construction Company, Inc., when he was injured.

Smith arrived at the construction site and drove his fuel truck around the site looking for vehicles that needed fuel.…