Question
What's the MOA? Client: Well, I work at a local fruit shop called Fresh is Best and part of my job is to take boxes
What's the MOA?
Client: Well, I work at a local fruit shop called "Fresh is Best" and part of my job is to
take boxes and crates filled with vegetables off the delivery truck and to put them
outside a storage room.
My employer, Jack, who is the sole proprietor of the fruit shop, also provides special
shoes for all employees and we are required to put them on because they have special
soles which prevent slipping. Sometimes there are leaves and peels which cover the
ground where we work and from time to time, the owner hoses them down to protect the
workers while they carry the crates from the truck to the storage room.
Lawyer
: and you slipped during the process?
Client
: Well, it wasn't as simple as that. You see, on that day - and I don't know why -
but the crates had been overloaded. They contained more than the usual weight
prescribed for them. I didn't know this. I was also running late. I didn't have time to
change shoes and kept my own shoes on. I was going to change into the ones we
needed to wear on our coffee break.
Anyway, I picked up one of the crates and that's when I noticed that it was heavier than
usual. It nearly slipped out of my hands but I managed to keep a hold of it by letting my
right arm take the weight to avoid the crate falling. My right arm was hit by a sharp corner
of the crate a number of times as I tried to balance the crate to stop it from falling. I felt
a sharp pain in my right arm but I didn't think any more of it and carried the
crate towards the storage room area.
It was only after I was taken to hospital after the fall in the storage room that I was told I
had broken my arm in a few places.
Lawyer
: Did you have to take the crates into the storage room?
Client
: Well, that's where it gets a little sticky.
Lawyer:
What do you mean?
Client
: Well, there was a notice to one side of the roller door which said: Workers: 'Leave
crates outside storage room. Do not enter'. And the owner had mentioned that he
wanted to do all the stacking of the crates in the storage room.
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