BURNS v. SHERWIN-WILLIAMS CO.

No. 22-2825.

78 F.4th 364 (2023)

Jason BURNS, Plaintiff-Appellant, v. SHERWIN-WILLIAMS CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2023.


Attorney(s) appearing for the Case

Thomas A. Kelliher , Attorney, Horwitz Horwitz & Associates, Chicago, IL, for Plaintiff-Appellant.

Peter A. Jacxsens, Jr. , Attorney, Hawkins Parnell Thackston & Young LLP, Atlanta, GA, John J. Kohnke , Attorney, Hawkins Parnell & Young, LLP, Chicago, IL, for Defendant-Appellee.

Before Hamilton, Brennan, and Kirsch, Circuit Judges.


Jason Burns, a truck driver, injured himself while delivering products to a Sherwin-Williams paint supply store. Burns and a store employee used the company's walkie—a hand-operated electric forklift—to move pallets holding the products from Burns's truck, up a small ramp, and into the store's warehouse. When...

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