MILLER v. YANMAR DIESEL AMERICA CORP.

Nos. 1D04-0143, 1D04-0251.

883 So.2d 892 (2004)

Roger MILLER, Appellant, v. YANMAR DIESEL AMERICA CORP., Cody Trent d/b/a Trent Auto Sales; Lee Ransom, and Frederick's Equipment Company, Appellees.

District Court of Appeal of Florida, First District.

October 1, 2004.


Attorney(s) appearing for the Case

Dixie D. Powell, Esquire, of Powell, Powell & Powell, Crestview; Arden J. Lea, Esquire, Bruce, for Appellant.

J. Andrew Talbert, Esquire, of Bozeman, Jenkins & Matthews, P. A., Pensacola; Bobby L. Whitney, Jr., and Melanie Shaw Seymour, of Seymour & Whitney, Fort Walton Beach; Alan R. Horky, Esquire, of Fuller, Johnson & Farrell, P. A., Pensacola, for Appellees.


PER CURIAM.

This case arises out of a tractor accident, occurring when Appellant Roger Miller started a Yanmar brand tractor while standing on the ground beside it, just in front of the tractor's left rear wheel. As Miller cranked the engine, he was struck by the tractor as it lurched forward. Miller asserts that the appellees provided a tractor that was defective because it lacked a safety switch to prevent it from being started while in gear and that the appellees...

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