1. Home
  2. Browse Decisions
  3. F.3d
  4. 48 F.3d
  5. 48 F.3d 833 (1995)
 

AUSTIN v. CLARK EQUIPMENT CO.

No. 93-1701.

48 F.3d 833 (1995)

Brenda H. AUSTIN; Liberty Mutual Insurance Company, Plaintiffs-Appellants, v. CLARK EQUIPMENT COMPANY; Hyster Company, Defendants-Appellees, and K-D Manitou, Incorporated; Hyster-Yale Material, Incorporated; Nacco Industries, Incorporated, Defendants. Product Liability Advisory Council, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1995.

Attorney(s) appearing for the Case

ARGUED: S.D. Roberts Moore, Gentry, Locke, Rakes & Moore, Roanoke, VA, for appellants. Henry M. Sackett, III, Edmunds & Williams, Lynchburg, VA, Michael Thomas Wharton, Wharton, Levin, Ehrmantraut, Klein & Nash, Annapolis, MD, for appellees.

ON BRIEF: Melissa Warner Scoggins, Gentry, Locke, Rakes & Moore, P. Brent Brown, Carter, Brown & Osborne, P.C., Roanoke, VA, for appellants. Kenneth J. Ries, Johnson, Ayers & Matthews, Roanoke, VA, for appellee Clark Equipment; David B. Hart, Gary B. Tegencamp, Wooten & Hart, P.C., Roanoke, VA, for appellee K-D Manitou. Kenneth S. Abraham, University of Virginia School of Law, Charlottesville, VA; Stephen J. Goodman, Jones, Day, Reavis & Pogue, Washington, DC, for amicus curiae.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, NIEMEYER, Circuit Judge, and OSTEEN, United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge OSTEEN wrote the opinion, in which Justice POWELL and Judge NIEMEYER joined.

OPINION

OSTEEN, District Judge:

Brenda H. Austin was impaled by the mast of a carpet lift truck while working at Lee's Carpet, Inc., a division of Burlington Industries, Inc. ("Burlington"). In the ensuing products liability action, Austin alleged, inter alia, that Hyster Company ("Hyster"), the manufacturer of Austin's lift truck...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases