Lindsey v. Bell South Telecommunications, Inc.

943 So. 2d 963 (2006)

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Lindsey v. Bell South Telecommunications, Inc.

Florida District Court of Appeal
943 So. 2d 963 (2006)

KL

Facts

Mark Lindsey (plaintiff) used a tire-changing machine manufactured by Hennessy Industries, Inc. (Hennessy) (defendant) in his work as an automobile mechanic. Although the machine was supposed to be able to remove tires with rims up to 20 inches in diameter, Lindsey and his coworkers had trouble using the machine to remove tires from 19-inch rims. To solve this problem, Lindsey inserted a tire iron along the edge of the tire to help the machine remove the tire. On one occasion, the tire iron slipped and Lindsey almost fell over, injuring his back. Lindsey sued Hennessy, alleging that the machine was negligently designed or manufactured. The trial court granted Hennessy’s motion for summary judgment. Lindsey appealed, arguing that the question of whether a defect in the tire-changing machine was the proximate cause of his injury was a question for the jury. Hennessy argued on appeal that Lindsey’s injury was caused by his misuse of the machine and that Lindsey failed to present evidence that the machine was defective.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

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