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NATIONWIDE LIFT TRUCKS, INC. v. SMITH

No. 4D01-3932.

832 So.2d 824 (2002)

NATIONWIDE LIFT TRUCKS, INC., a Florida corporation, Appellant, v. Rudy SMITH and Fior Daliza Smith, Appellees.

District Court of Appeal of Florida, Fourth District.

November 13, 2002.

Attorney(s) appearing for the Case

Clarke, Silverglate, Campbell, Williams & Montgomery, Miami, and Mark Hicks and Dinah S. Stein of Hicks, Anderson & Kneale, P.A., Miami, for appellant.

Todd R. Falzone of Sheldon J. Schlesinger, P.A., Ft. Lauderdale and Edna L. Caruso and Barbara J. Compiani of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellees.

KLEIN, J.

Appellee plaintiff lost his foot in an accident involving a forklift owned by appellant Nationwide, and leased to plaintiff's employer. In plaintiffs' suit against Nationwide for negligent maintenance, the trial court struck Nationwide's defenses for failing to preserve the braking mechanism alleged to have caused the accident. We affirm the judgment.

The accident occurred when plaintiff was getting on the forklift and it suddenly went into motion...

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