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BAKER v. PIDGEON THOMAS COMPANY

No. 19518.

422 F.2d 744 (1970)

Charles M. BAKER, Plaintiff-Appellant, v. PIDGEON THOMAS COMPANY and Allen & Hoshall, Engineers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 16, 1970.

Attorney(s) appearing for the Case

Tom Mitchell, Jr., Memphis, Tenn, R. Lee Winchester, Jr., James A. Lawrence, F. W. Jeffcoat, Memphis, Tenn., on the brief; Goff, Winchester & Walsh, Memphis, Tenn., of counsel, for appellant.

James W. McDonnell, Jr., Memphis, Tenn., James C. Hale, West Memphis, Ark., Memphis, Tenn. on the brief; Hale & Fogleman and Canada, Russell & Turner, Memphis, Tenn., of counsel, for Pidgeon Thomas Co.

Thomas R. Prewitt, Memphis, Tenn., Ralph W. Farmer, Memphis, Tenn., on brief; Nelson, Norvell, Wilson, McRae, Ivy & Farmer and Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, Tenn., of counsel, for Allen & Hoshall.

Before EDWARDS, McCREE, and BROOKS, Circuit Judges.

McCREE, Circuit Judge.

Charles Baker was operating a backhoe (a tractor-type vehicle with a rear-mounted scoop used for excavating and shoveling) on a construction project in West Memphis, Arkansas, when a steel joist forty feet in length fell from a twenty-four foot high steel column and struck his back. His spine was shattered, and he is now a paraplegic. He collected $33,330.70 from his employer's workman's compensation insurer, and then filed suit in the United...

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