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PHILLIPS v. MORBARK, INC.

C.A. No. 9:05-2446-PMD.

481 F.Supp.2d 461 (2007)

Michael J. PHILLIPS and Vickie Phillips, Plaintiffs, v. MORBARK, INC., Defendant.

United States District Court, D. South Carolina, Beaufort Division.

January 5, 2007.

Attorney(s) appearing for the Case

Gregory P. Sloan, Phillip Earl Reeves, Richard S. Stewart, Gallivan White and Boyd PA, Greenville, SC, for Plaintiffs.

Curtis L. Ott, Turner Padget Graham and Laney, Columbia, SC, Kevin G. Dougherty, Warner Norcross and Judd, Grand Rapids, MI, for Defendant.

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendant Morbark, Inc.'s ("Defendant" or "Morbark") Motion for Partial Summary Judgment on Plaintiffs' defective remote control claims. For the reasons set forth herein, the court denies Defendant's motion.

BACKGROUND

On March 15, 2003, Plaintiff Michael J. Phillips ("Plaintiff') was injured while using the Morbark...

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