Reginald Lindsey was employed as a forklift operator by Electro-Motive Diesel Inc. and was working at its facility in southwest suburban McCook, Ill. Central Blacktop Co. was contracted to do road repair work and resurfacing there.
On Oct. 19, 2010, Lindsey was driving an older model forklift over a permanent portion of paved road. Lindsey testified that the road north of the warehouse was “broken” and “deteriorated” making it difficult to operate the forklift. Lindsey’s lawsuit claimed that he followed a marked path, turned right and hit some pavement in disrepair causing his forklift to jolt suddenly. Lindsey stated that he heard a “pop” in his neck and suffered a spinal injury.
He filed a lawsuit against Central Blacktop claiming it was negligent in leaving broken concrete in his path and in choosing not to issue a warning on the problem area or to repair the fault. Lindsey alleged Central Blacktop was at fault and owed him a duty of care.