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Ring v. Decor Gravure Corp.

6/7/2000

them had hurt himself on the job. She further stated that Ms. Miller found the workers at a bar on another occasion when they failed to show up for work.


Tina Warden, the Mississippi homeowner, testified that Ring worked on her mobile home for two weeks and that he never appeared to be injured during that time. She stated that Ring and his helper unloaded a large tool box, weighing approximately 200-300 pounds, from the back of Ring's truck. They carried in a stone fireplace surround, weighing approximately 100 pounds, replaced the old one, and replaced the front door unit, which weighed approximately 80-100 pounds. She stated that Ring and his helper lifted a roll of linoleum off the top of the truck and placed it on their shoulders while moving it to her back porch. Ms. Warden estimated that the linoleum weighed 400 pounds, since she and her husband were unable to move it during a rainstorm. She stated that Ring used electric saws, drills, hammers, and screwdrivers, and that he was able to climb twelve to fifteen feet up a ladder in order to tape the end caps of the mobile home. She stated that he was able to bend and stand while using drills and saws, crawl underneath the trailer, and jump off the back of his truck.


Ms. Warden testified that she and Ring never discussed his health, nor did she ever hear him complain to his helper that he was hurting. In fact, Ms. Warden testified that Ring was whistling while he worked. She testified that she saw Ring lift a hydraulic jack and that he and his helper dropped bricks off the back of his truck, laying them around the yard in different spots. She stated that they both moved appliances and a couch in order to repair the floor of the mobile home; however, she thought they may have used a dolly.


Ms. Warden testified that Ring left the job on a Thursday in order to move and was to return the next Saturday. However, she stated that he called her on Saturday to report that he would be late returning to the job.


David Warden, Ms. Warden's husband, testified that he was present the entire week Ring and his helper worked on his mobile home. He testified that they releveled the mobile home by using two hydraulic jacks and that both Ring and his helper were under the mobile home four to six hours during the process. Mr. Warden stated that he stayed in the mobile home relaying to them when it was level, and that Ring was in and out making sure the two sections of the mobile home were flush. Mr. Warden estimated that Ring crawled underneath the mobile home six to eight times during this process. He stated that Ring appeared fine and that he never discussed his physical condition with him.


Once the trailer was leveled, Mr. Warden testified that Ring and his helper commenced repairing the inside of the trailer. They replaced four to six pieces of sheet rock in the bedroom and hall and then repaired the floor. This entailed moving appliances out of the kitchen and then removing the bowed floor beams. Mr. Warden testified that the beams were six feet long and two inches wide by six or eight inches deep. He further testified that Ring and his helper picked the linoleum off a rack on the top of Ring's truck and placed it on his deck. He stated that when he asked if he could help, Ring told him that it was not his job. Mr. Warden testified that Ring and his helper removed the fireplace surround, which weighed approximately 200 pounds, and placed it in the back of Ring's truck. He estimated that Ring got in and out of his truck fifteen to twenty times while working and that he appeared fine and never complained. Mr. Warden further testified that Ring and his helper removed and replaced the front door unit from his mobile home. H

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