Appellate; Civil; Business; Labor/Employment; Personal Injury.

Jack in the Box, Inc. v. Skiles

2/9/2007 – 05-0911

Per Curiam 

Employee owes no duty to warn employees of danger known to employee.

This is a negligence action by an employee against an employer not covered by worker’s compensation insurance. Skiles was employed by Jack in the Box as a tractor-trailer driver to transport and deliver food product to various Jack in the Box restaurants. The company trailers are equipped with automatic lift gates that assist drivers in loading and unloading food products. The drivers are instructed that if they encounter any problems with the lift gate, they should call the company’s independent service center and report the malfunction. A maintenance person is then sent to make repairs. Skiles arrived for a delivery at a Jack in the Box restaurant and attempted to lower the lift gate, but the gate would not operate. Skiles told the restaurant manager about the problem, but the manager responded that the restaurant was out of hamburger meat and it was the “lunch rush.” Skiles reported the problem to a supervisor. Skiles obtained the ladder from the restaurant and used it to climb over the lift gate and jump into the back of the trailer. Skiles said that when he landed on the floor of the trailer, both of his knees “popped” and were injured. The trial court entered summary judgment for Jack in the Box. The court of appeals reversed and remanded. Held: Reversed and rendered. While the duty of ordinary care generally requires an employer to warn an employee of the hazards of employment and provide needed safety or equipment or assistance, the employer owes no duty to warn of hazards that are commonly known or already appreciated by the employee. In this case, any dangers associated with using a ladder to jump over a gate were obvious to Skiles.