A 49 year-old plaintiff was employed as a Safety Manager and as a yard foreman at a lumber company in Massachusetts when he suffered an accident at his place of work.
The plaintiff was required to offload Foamular, which is a fragile Styrofoam building material. According to the plaintiff, Foamular must be packed in a certain way that makes it impossible to be removed by fork lift because of how fragile it is.
When the plaintiff was unable to offload the Foamular with a forklift because of how it was loaded by the defendant lumber company, he climbed on top of the truck to move it. He fell off of the truck, however, and fractured his heel-bone.
Even though every employee testified that getting on top of the delivery trucks was prohibited, they all went on to say that it was a necessary part of their jobs.
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