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Ratcliff v. Georgia Pacific Corp.12/13/2005
by Mike Barnes Trucking, as evidenced by the bill of lading. Furthermore, Ratcliff's injury occurred when he fell from the flatbed truck that he drove for Mike Barnes Trucking. The Appellees merely provided the load and the material to be used to cover it. The Appellees did not, however, direct Ratcliff as to his method for covering and securing the load. In fact, Mike Barnes Trucking provided Ratcliff with the straps to secure the clear plastic and the tarpualin. Moreover, the Appellees did not assist or oversee Ratcliff as he attempted to secure the load, as Ratcliff was alone when the injury occurred.
. Ratcliff testified that he covered and secured similar loads with the clear plastic on at least twenty prior occasions. According to Ratcliff, the clear plastic was slippery on prior occasions, but he did not slip. Ratcliff further testified that on the date of his injury the clear plastic was not wet or moist or different in any way than the clear plastic he previously secured. Thus, Ratcliff admitted that had knowledge of the condition, i.e., that the clear plastic material was slippery.
. Ratcliff's knowledge that the clear plastic material was slippery and his experience securing loads with that material relieved the Appellees of any duty to warn. Furthermore, the risk that Ratcliff could injure himself while securing a load to his employer's truck was intimately connected, or inherent, to the work Mike Barnes Trucking contracted to perform. Thus, we find that the Appellees owed no duty to Ratcliff and summary judgment was appropriate in this case. This issue is without merit. It is therefore unnecessary to address the remaining issues presented by Ratcliff.
. THE JUDGMENT OF THE JONES COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE AND MYERS, P.JJ., BRIDGES, IRVING, CHANDLER, GRIFFIS AND BARNES, JJ., CONCUR.
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