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Hillman v. Carlton Co.

Georgia Court of Appeals
522 S.E.2d 681 (1999)


Johnell Hillman, Jr. (plaintiff) worked for Carlton Co. (defendant). During his employment, Hillman frequently worked with a forklift. He often climbed onto the forks of the forklift despite being warned not to. Carlton negligently maintained the forklift and failed to adjust anchor devices on the machine. One morning, Hillman stacked boxes onto the forklift and then climbed into one of the boxes so he could be lifted up to measure the ceiling. While the forklift raised the boxes holding Hillman, the forklift malfunctioned as a result of Carlton’s negligent maintenance. This caused the forks to drop the boxes and thus drop Hillman onto the floor. Hillman brought suit against Carlton for negligence. The trial court granted Carlton’s motion for summary judgment, finding that Hillman had assumed the risk of injury. Hillman appealed.

Rule of Law


Holding and Reasoning (Miller, J.)

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