Plaintiff Edward Allen (hereinafter plaintiff) was employed as a heavy equipment operator for third-party defendant, H.R. Schultz, Inc. (hereinafter Schultz). On January 7, 1987, plaintiff allegedly was injured while working on property owned by defendant, a contracting firm. According to plaintiff, on that date he was operating a backhoe excavating trenches approximately six feet deep to accommodate water and sewer pipes. At the time of...
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