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MEYERS v. LAMER

No. 13-1438.

743 F.3d 908 (2014)

Jamie MEYERS, Plaintiff-Appellant, v. Michael Eugene LAMER; Carroll County Foods, LLC, d/b/a Performance Foodservice-Carroll County, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2014.

Attorney(s) appearing for the Case

ARGUED: Paul David Bekman , Emily C. Malarkey , Salsbury, Clements, Bekman, Marder & Adkins, LLC, Baltimore, Maryland, for Appellant. Brian S. Goodman , Pessin Katz Law, P.A., Towson, Maryland, for Appellees. ON BRIEF: Robert S. Campbell , Pessin Katz Law, P.A., Towson, Maryland, for Appellees.

Vacated and remanded with instructions by published opinion. Judge FLOYD wrote the opinion, in which Judge KING and Judge GREGORY joined.

FLOYD, Circuit Judge:

Jamie Meyers was working in a utility bucket positioned above an unblocked lane of traffic when a tractor-trailer truck driven by Michael Lamer struck the bucket. As a result of the collision, Meyers was ejected from the bucket and suffered injuries to his back and lower body. Meyers then sued Lamer and Lamer's employer for negligence pursuant to Maryland state law. The parties cross-moved for summary judgment, and the district court granted...

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