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GUILLORY v. DOMTAR INDUSTRIES INC.

No. 94-41292.

95 F.3d 1320 (1996)

Anthony GUILLORY, Mary Guillory, Plaintiffs-Appellees, v. DOMTAR INDUSTRIES INCORPORATED, Defendant-Third Party Defendant Intervenor-Appellee, v. JOHN DEERE INDUSTRIAL EQUIPMENT COMPANY, Defendant-Third Party Defendant Plaintiff-Appellant, and JOHN DEERE COMPANY, Defendant, Deere & Company, Defendant-Third Party Plaintiff-Appellant, v. HARLO PRODUCTS CORPORATION, Defendant-Third Party Defendant Intervenor, Transamerica Insurance Company, Third Party Defendant Intervenor-Appellee. Anthony GUILLORY, Mary Guillory, Plaintiffs-Appellees, v. DOMTAR INDUSTRIES INCORPORATED, Defendant-Appellee, John Deere Company, Defendant, John Deere Industrial Equipment Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 1996.

Attorney(s) appearing for the Case

Richard C. Broussard, Lafayette, LA, for plaintiffs-appellees.

Michael W. Campbell, Caffery, Oubre, Dugas and Campbell, New Iberia, LA, for Domtor Industries Incorporated, defendant-third party defendant-appellee.

L. Lane Roy, Preis, Kraft & Roy, Lafayette, LA, for John Deere Co., John Deere Ind. Equipment Co., and Deere & Co.

H. Lee Leonard, Lafayette, LA, for Harlo Products Corp., defendant-third party plaintiff.

David R. Rabalais, Lafayette, LA, for Transamerica Ins. Co., third party defendant-appellee.

Before LAY, HIGGINBOTHAM and STEWART, Circuit Judges.

STEWART, Circuit Judge:

In this Louisiana products liability action, a jury awarded the plaintiffs over $6 million for injuries sustained because a fork fell off a forklift and struck Anthony Guillory in the head. The jury found that the forklift was improperly installed and maintained by Anthony Guillory's employer, Domtar Industries. The jury also found that the manufacturers, Deere & Company and John Deere Industrial Equipment Company ("Deere"), provided inadequate...

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