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Bare v. Warren Consolidated Industries9/21/2001
injury, nor has appellant confirmed any other accidents that occurred in the course of routine maintenance being performed on the welder. Further, Bare never objected to performing the task. In light of these facts, we agree with the trial court that appellant failed to meet the third prong of the Fyffe test.
For the foregoing reasons, we agree with the trial court that after construing the evidence most strongly in the favor of appellant, reasonable minds can come to but one conclusion, and that conclusion is adverse to appellant. Therefore, appellant's assignment of error is without merit because the trial court properly granted appellee's motion for summary judgment, and the judgment of the trial court is affirmed.
PRESIDING JUDGE DONALD R. FORD
CHRISTLEY, J., NADER, J., concur.
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