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CHLEBDA v. H. E. FORTNA & BRO., INC.

No. 79-1138.

609 F.2d 1022 (1979)

Rose CHLEBDA, Administratrix of the Estate of Joseph Chlebda, Plaintiff, Appellant, v. H. E. FORTNA AND BROTHER, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 29, 1979.

Attorney(s) appearing for the Case

Marc S. Alpert, Boston, Mass., with whom Terry K. Mond was on brief, for plaintiff, appellant.

Robert A. Curley, Jr., Boston, Mass., with whom Curley & Curley, Boston, Mass., was on brief, for defendant, appellee.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

In her third amended complaint plaintiff, administratrix of one Joseph Chlebda, sought damages for Chlebda's conscious suffering and wrongful death, allegedly as a result of the negligent design of a forklift, or sideloader manufactured by defendant Raymond Corporation, against defendant appellee H. E. Fortna and Brother, Inc. for its failure to warn of the defect.1 The suit was brought in the District Court...

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