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OSTENDORF v. CLARK EQUIPMENT CO.

No. 2000-SC-0323-DG.

122 S.W.3d 530 (2003)

Michael OSTENDORF and Holly Ostendorf, Appellants, v. CLARK EQUIPMENT COMPANY, Clark Lift of California, and Pacific Employers Insurance, Appellees.

Supreme Court of Kentucky.

December 18, 2003.

Attorney(s) appearing for the Case

Kevin L. Murphy, David C. Nalley, Murphy & Associates, P.S.C., Covington, Thomas C. Lyons, Lexington, Counsel for Appellants.

Elizabeth U. Mendel, Christopher R. Cashen, Kara MacCartie Stewart, Woodward, Hobson & Fulton, L.L.P., Lexington, Stanley V. Boychuck, Swanson, Martin & Bell, Chicago, IL, Counsel for Appellee, Clark Equipment Company.

Christopher R. Cashen, Woodward, Hobson & Fulton, L.L.P., Lexington, Stanley V. Boychuck, Swanson, Martin & Bell, Chicago, IL, Counsel for Appellee, Clark Lift of California.

George T.T. Kitchen, III, Boehl, Stopher & Graves, Louisville, Counsel for Appellee, Pacific Employers Insurance.

JOHNSTONE, Justice.

Michael Ostendorf was severely injured when the Clark forklift he was driving tipped over and pinned his right foot to the ground. The accident occurred when a baggage tug vehicle operated by another employee collided with the forklift Ostendorf was driving. The accident occurred in October 1994 at the Delta Airlines terminal of the Greater Cincinnati-Northern Kentucky International Airport in Boone...

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