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DIVIS v. CLARKLIFT OF NEBRASKA, INC.

No. S-97-905.

590 N.W.2d 696 (1999)

256 Neb. 384

Jay Arthur DIVIS, Appellant, v. CLARKLIFT OF NEBRASKA, INC., A Nebraska Corporation, et al., Appellees.

Supreme Court of Nebraska.

March 12, 1999.

Attorney(s) appearing for the Case

James R. Welsh, of Bradford, Coenen & Welsh, Omaha, for appellant.

Robert D. Mullin, Jr., and Aaron A. Clark, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee Clarklift.

Michael C. Cox, of Koley, Jessen, Daubman & Rupiper, P.C., Omaha, for appellee Clark.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, C.J.

I. INTRODUCTION

This is a product liability action brought by appellant, Jay Arthur Divis, against appellees, Clarklift of Nebraska, Inc. (Clarklift), Clark Material Handling Company (Clark), Wahoo Concrete Products, Co. (Wahoo Concrete), and Right Line Equipment, Inc., for the injuries he sustained in a forklift accident.

The forklift in question can best be described as follows: The forklift contains two vertically parallel members...

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