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GARDNER v. HYSTER CO.

Civ. A. No. 91-310-4-MAC (WDO).

785 F.Supp. 161 (1992)

Susie Mae GARDNER, Plaintiff, v. HYSTER COMPANY, Defendant.

United States District Court, M.D. Georgia, Macon Division.

February 28, 1992.

Attorney(s) appearing for the Case

William Q. Bird, Atlanta, Ga., Robert K. Finnell, Rome, Ga., for plaintiff.

Joseph W. Popper, Jr., Macon, Ga., Robert B. Hocutt, Atlanta, Ga., for defendant.

ORDER

OWENS, Chief Judge.

Before the court is defendant's motion to dismiss. After careful consideration of the arguments of counsel, the relevant case law, and the record as a whole, the court hereby issues the following order.

FACTUAL BACKGROUND

Susie Mae Gardner's ("plaintiff") husband, Willie Gardner, was operating a forklift on June 12, 1989, when it rolled over and killed him. The forklift...

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