OPINION
MURRAY M. SCHWARTZ, District Judge.
This action is for personal injuries incurred by plaintiff, Homer Rigby, while operating a piece of heavy construction equipment belonging to defendant, Suburban Rendco, Inc. ("Suburban"). Jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, and the amount in controversy, exclusive of costs and interest, exceeds $10,000. Before the Court is defendant's motion for summary judgment.
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