Negligence Claim.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Stanley Hutchison v. Fitzgerald Equipment Company, Inc.

Case No.: 18-2203

Officials: FLAUM, ROVNER, and SCUDDER, Circuit Judges.

Focus: Negligence Claim

A forklift backed over Stanley Hutchison's foot while it was loading product onto his tractor-trailer. Hutchison's employer, who owned the forklift, had contracted with another company to provide maintenance on the forklift. Hutchison sued that third-party servicing company, Fitzgerald Equipment Company, Inc. ("Fitzgerald"), alleging that Fitzgerald was negligent in failing to warn his employer to install a backup alarm on the forklift and was liable in concert with his employer for failing to install such an alarm. The district court granted Fitzgerald's...