This case involves a worker who was seriously injured in an accident on the job and who subsequently died from those injuries. The plaintiff-decedent had been hired as a temporary worker for a waste disposal company. The employment was obtained through a temporary staffing agency. The worker was assigned to work as part of a crew on a waste disposal truck and was working on the rear left side of the vehicle. It was his first time working on a waste truck. As the truck was making a right turn while moving uphill, the worker fell from the truck and hit his head on the pavement below, cracking his skull. Emergency personnel arrived soon after and transported the worker to a local hospital, where he lapsed into a coma and later died.
Besides never having experience riding on a waste disposal truck previously, the worker had reportedly never received any instruction on the proper procedures regarding getting on and off the back of the truck, nor had he ever received training of any kind, from either the waste disposal company or the staffing agency.