Hutchison v. Fitzgerald Equipment Co.

A forklift backed over Hutchison’s foot while it was loading his tractor‐trailer. Hutchison’s employer, Borkholder, who owned the forklift, had contracted with Fitzgerald to provide maintenance on the forklift. Hutchison sued Fitzgerald, alleging that Fitzgerald was negligent in failing to warn Borkholder to install a backup alarm and was liable in concert with Borkholder for failing to install such an alarm. The Seventh Circuit affirmed summary judgment for Fitzgerald. OSHA regulations did not require backup alarms on forklifts at the time of the accident; Borkholder, as the owner, was responsible for deciding whether to install a backup alarm. The duty to warn does not encompass a duty to recommend optional safety features to an owner who already knows about them. Hutchison has no evidence of unequal knowledge between Fitzgerald and Borkholder giving rise to a duty to warn. Even if Hutchison had established a voluntary undertaking, he has not established a breach; the mere knowledge of a risk does not impose an affirmative duty. Hutchison has not shown Fitzgerald increased the risk by failing to recommend the installation of a device that was not required nor requested, that was already known to Borkholder. Hutchison has no evidence that he relied to his detriment on Fitzgerald to recommend that Borkholder install a backup alarm. There is no plausible inference that Fitzgerald substantially assisted Borkholder in breaching a duty to Hutchison View "Hutchison v. Fitzgerald Equipment Co." on Justia Law