Plaintiff, who had been a truck driver for 20 years, was given a new diesel truck to drive in the course of his employment.
The plaintiff noticed as he was driving the cab that it filled up with exhaust. He complained about the exhaust to his employer. Some time later he suffered a heart attack which was precipitated by his exposure to the carbon monoxide in the cab. The company then had a new exhaust pipe installed on the truck so that the carbon monoxide fumes would be directed away from the cab.