C. J. Horner, Inc. v. Moore
Docket: CA 79-252
Court: Court of Appeals of Arkansas; April 16, 1980; Arkansas; State Appellate Court
The trial court instructed the jury regarding the applicability of a safety regulation under Arkansas law in a personal injury case involving a concrete finisher, appellee, who was injured by a ready-mix cement truck operated by appellant. The incident occurred when the truck, which had an obstructed view to the rear, moved without a mechanical alarm or a signalman, violating a regulation that mandates either an audible reverse signal or a signal from an observer when backing up. Appellant contended that the regulation, 29 C.F.R. 1926.601, did not apply to the ready-mix cement truck as it operated on public streets and highways, arguing that the regulation is specific to vehicles operating exclusively on off-highway job sites. However, the court found that the ready-mix cement truck falls within the regulation’s scope because such trucks are commonly used on off-highway construction sites not open to public traffic. The court upheld the trial judge’s decision to give appellee's requested instruction, affirming the jury's verdict of $27,500 in damages. The court emphasized that safety and health regulations are established to prevent hazardous conditions, thereby supporting the trial court's ruling. The decision reinforces the interpretation that the regulation is applicable regardless of the vehicle's operation on public roads.