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CAROLAN v. J.I. CASE CO.

No. 96-1266.

102 F.3d 344 (1996)

Kay Lillian CAROLAN, as trustee for the next of kin of Robert Joseph Carolan, decedent, Plaintiff-Appellant, v. J.I. CASE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1996.

Attorney(s) appearing for the Case

Thomas J. Conlin, Minneapolis, MN, argued (Mullen J. Dowdal, on the brief), for Plaintiff-Appellant.

Daniel A. Haws, St. Paul, MN, argued (Mark D. Covin, on the brief), for Defendant-Appellee.

Before FAGG, LAY, and HANSEN, Circuit Judges.

LAY, Circuit Judge.

On October 4, 1991, Robert Carolan was killed while operating a J.I. Case tractor. He was crushed between his tractor and a disk implement that he was in the process of disconnecting. There were no eyewitnesses to the accident. Apparently, while disconnecting the disk, he removed a hydraulic cylinder from the disk and placed it on the left side of the tractor near the operator's seat. At some point the decedent pressed the cylinder, which in turn...

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