Otis Baker v. Earl Depew

FACTS AND BACKGROUND OF ACCIDENT This insurance litigation arose out of a one-vehicle accident involving a 1979 Ford F-100 pickup truck owned by Holloway
Construction Company (hereinafter "Holloway") driven by defendant Earl DePew, employed as a foreman by Holloway in the construction
of a dam at Blue Springs Lake. Plaintiff Otis Baker, employed by Holloway as a heavy equipment operator, was riding in the
back of the pickup at the time of the accident. Holloway employees were not allowed to drive their personal cars into the
construction site, so they parked at an outlying parking area, and DePew transported them back and forth between the parking
area and the construction site. At the time Baker was injured he was riding in the bed of the pickup truck because the cab
was filled with other employees. Baker was injured when DePew stopped the truck suddenly, without warning, causing Baker's
back to be thrown against a large, steel tool box located in the bed of the pickup truck. Baker sustained serious injuries
to his back that required surgery and resulted in ninety percent to one-hundred percent disability, according to two physicians
who testified on his behalf. Baker filed a workers' compensation claim against Holloway in which he alleged he had incurred
$21,544.22 in medical expenses and $220,000.00 in past and future lost wages. Baker has not been able to return to work and,
according to his doctor, is permanently disabled.