Gilbert L. Tew v. Sun Oil Company

This is a personal injury action for damages allegedly resulting from defendants' failure to properly maintain an asphalt loading apparatus. Plaintiff Gilbert L. Tew, Jr. (Tew), was employed by Arctic Roofing, Inc. as a truck driver, and sustained injuries at defendants' refinery in Marcus Hook, Pennsylvania. Defendants have moved for summary judgment, contending that Tew assumed the risk of injury by knowingly continuing to operate the loading apparatus. It appears from the record that Tew, who frequently loaded asphalt at defendant's facility, was well aware of the potentially unsafe condition of the loading rack. The device involved is a large overhead rack, designed to propel liquid asphalt into the top of large trucks. According to Tew's deposition testimony, it was necessary to stand on the truck to physically manipulate the apparatus. Reading the evidence to favor the non-moving party, it appears that the loading device was quite difficult to operate when not adequately greased, and that the lack of such maintenance was common. Tew had experienced prior difficulties with the device and had submitted complaint slips according to defendants' company policy. However, remedial action, if taken, was only temporary.