ESTATE OF KIMMEL v. CLARK EQUIPMENT CO.

Nos. 90-0134-H, 89-0073-H.

773 F.Supp. 828 (1991)

ESTATE OF Bernard C. KIMMEL, Plaintiff, v. CLARK EQUIPMENT CO., Defendant.

United States District Court, W.D. Virginia, Harrisonburg Division.

September 27, 1991.


Attorney(s) appearing for the Case

Peter N. Munsing, Mayerson, Gerasimowicz & Munsing, Spring City, Pa., Martin J. McGetrick, Jr., Chandler, Franklin & O'Bryan, Charlottesville, Va., for plaintiff.

Michael T. Wharton, Wharton, Levin & Ehrmantraut, Annapolis, Md., Stanley V. Boychuck, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for defendant.


MEMORANDUM OPINION

B. WAUGH CRIGLER, United States Magistrate Judge.

On October 14, 1987, Bernard Kimmel, then 15 years old, was killed when a forklift he was operating on behalf of his employer overturned. Plaintiffs have brought these now consolidated actions to recover damages arising out of that death. The only remaining claims against the sole remaining defendant, Clark Equipment Company, sound in negligence and are set forth in Count I of plaintiffs...

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