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HUBER v. JLG INDUSTRIES, INC.

No. CIV.A.00-40079-NMG.

344 F.Supp.2d 769 (2003)

Carl HUBER, Plaintiff, v. JLG INDUSTRIES, INC., Defendant.

United States District Court, D. Massachusetts.

May 19, 2003.

Attorney(s) appearing for the Case

James B. Dolan, Badger, Dolan, Parker & Cohen, Boston, MA, Gary C. Duvall, Miles & Stockbridge, P.C., Towson, MD, Scott J. Tucker, Tucker, Heifetz & Saltzman, Boston, MA, for JLG Industries, Inc., Defendant.

Michael R. Fuller, Law Office of Michael Fuller, Boston, for Carl Huber, Plaintiff.

MEMORANDUM AND ORDER

GORTON, District Judge.

In August, 2002, a jury returned a verdict in favor of plaintiff Carl Huber ("Huber") for $5 million for injuries he sustained as a result of the breach of an implied warranty of merchantability by defendant JLG Industries, Inc. ("JLG"). The breach was with respect to either a design defect in, or a failure to warn in the instructions accompanying, JLG's AM-24 AccessMaster manlift. The jury assessed

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