Meyers v. Lamer

Plaintiff sued defendant and defendant's employer for negligence under Maryland state law after a tractor-trailer truck driven by defendant struck plaintiff while he was working in a utility bucket. The district court granted summary judgment in favor of defendant and his employer, concluding that plaintiff assumed a risk that he would be struck by a tractor-trailer truck while working above an open lane of traffic and that plaintiff was contributorily negligent. The court vacated the district court's conclusion that plaintiff assumed the risk because plaintiff's status as a worker in the street precluded availability of the assumption-of-risk defense for defendants. The court also vacated the district court's ruling that plaintiff was contributorily negligent where plaintiff was entitled to rely on his coworker to provide fair warning to him. The court remanded for trial. View "Meyers v. Lamer" on Justia Law