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Allen v. A & T Transportation Co., Inc.

The duty to warn or caution an employee of a danger arises when the employment is of a dangerous character requiring skill and caution for its safe and proper discharge, and the employer is aware of the danger and has reason to know the employee is unaware of the danger.

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OPINION

Terry Allen and wife, Brenda Allen, individually and as next friends of Matthew Allen, Timothy Allen, and Jennifer Allen, minor children appeal from a summary judgment in connection with his personal injury claim rendered in favor of his employer, A & Transportation Company, Inc. (A & T). *fn1 Terry Allen, a truck driver, was injured when a tanker truck he was driving went out of control and crashed. He alleges that his employer had a duty to, and failed to, properly warn or train him about the unexpected handling characteristics of a partially-loaded tanker truck. He alleged the truck overturned when he made a low speed turn off an interstate highway onto an exit ramp. He alleges that he was operating the truck at a properly low speed, but the shifting of the center of gravity of the truck due to the movement of the liquid in the partially-loaded tank caused the truck to overturn when it would not have done so if fully loaded. *fn2

A & T’s Motion for Summary Judgment contains both “no evidence” and traditional summary judgment language. The trial court rendered summary judgment without specifying the theories or grounds for its decision.

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