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MERCED v. JLG INDUSTRIES, INC.

No. CIV. A. 00-40146-NMG.

170 F.Supp.2d 65 (2001)

Raul MERCED and Vilma Merced, Plaintiffs v. JLG INDUSTRIES, INC., Defendant and Third-Party Plaintiff v. Hydraulic Fittings Co., Inc. L & L Fittings Manufacturing, Third-Party Defendants.

United States District Court, D. Massachusetts.

September 28, 2001.

Attorney(s) appearing for the Case

Michael J. Heineman, Mingace & Heineman, PC, Framingham, MA, Jeffrey A. Newman, James Ponsetto, Newman & Ponsetto, Boston, MA, for plaintiffs.

James B. Dolan, Badger and Dolan, Boston, MA, for JLG Industries, Inc.

James E. Riley, Jr., Karol & Riley, P.A., Boston, MA, James E. Riley, Jr., Rebecca L. Andrews, Riley & Associates, Walpole, MA, for Hydraulic Fittings Co., Inc.

MEMORANDUM & ORDER

GORTON, District Judge.

On August 18, 2000, plaintiffs Raul Merced ("Merced") and Vilma Merced filed suit in this Court against defendant JLG Industries, Inc. ("JLG") seeking damages for personal injuries and loss of consortium as a result of Raul Merced's workplace use of a "manlift" manufactured by JLG. The complaint asserts counts for breach of express and implied warranties of merchantability...

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