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ABERNATHY v. SUPERIOR HARDWOODS, INC.

No. 82-2228.

704 F.2d 963 (1983)

Robert L. ABERNATHY and Joyce Abernathy, Plaintiffs-Appellees, v. SUPERIOR HARDWOODS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1983.

Attorney(s) appearing for the Case

Bruce P. Clark, Galvin & Galvin, Hammond, Ind., for defendant-appellant.

James A. Corrigan, Nevoral & Corrigan, Chicago, Ill., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, and PELL and POSNER, Circuit Judges.

POSNER, Circuit Judge.

One day in 1978 Robert Abernathy drove a flatbed truck loaded with logs to a sawmill in Indiana owned by Superior Hardwoods. The logs were fastened to the bed of the truck with four chains. Abernathy released each chain but before he could stow them all in the cab of the truck Superior Hardwoods' forklift began unloading the logs and one tumbled off and hit Abernathy in the back. Abernathy and his wife sued Superior Hardwoods for negligence...

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