Olin Corporation v. Darrell Dyson and David Casas

This negligence action involves claims for personal injuries sustained by appellees Darrell Dyson and David Casas, Jr. when the car in which they were riding collided with a parked "cherrypicker," a portable crane, which was owned and operated by appellant, Olin Corporation. At the time of this occurrence the "cherrypicker" was being used to support a section of overhead pipe which ran parallel to a two lane roadway. Since there was insufficient room on the roadside, the "cherrypicker" extended four feet into one of the traffic lanes of the road. There were no flagmen, warning signs, barricades, or any other type of warning device placed around the "cherrypicker". Appellee Dyson was driving the car and appellee Casas and Robert Collins were passengers in the car. The evidence indicates that the "cherrypicker" was plainly visible to drivers on the road at the time of the collision.