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DAVIS v. CATERPILLAR, INC.

No. 3D00-269.

787 So.2d 894 (2001)

Donald J. DAVIS and Lois R. Davis, Appellants, v. CATERPILLAR, INC., a foreign corporation; and Kelly Tractor Co., a Florida corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied July 11, 2001.

Attorney(s) appearing for the Case

Stabinski & Funt, Miami; Bambi G. Blum, Miami, for appellants.

Heinrich Gordon Hargrove Weihe & James and John R. Hargrove and Robert C. Weill, Fort Lauderdale, for appellees.

Before GODERICH and SORONDO, JJ., and NESBITT, Senior Judge.

Rehearing and Rehearing En Banc Denied July 11, 2001.

NESBITT, Senior Judge.

On July 12, 1994, W. Jackson & Sons (herein, Jackson) was installing concrete pipe with a Caterpillar 235D Excavator. The machine, manufactured by Caterpillar, Inc., and leased to Kelly Tractor, Co., was "track-mounted," with a boom projecting off an upper structure which rotates. The excavator digs a trench, then lifts and lowers a section of pipe into the trench, and places...

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