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JENNINGS v. AC HYDRAULIC A/S

No. 03-2157.

383 F.3d 546 (2004)

Pamela J. JENNINGS, individually and as personal representative of the estate of James R. Jennings, Plaintiff-Appellant, v. AC HYDRAULIC A/S, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2004.

Attorney(s) appearing for the Case

Stephen L. Williams, Mann Law Firm, John P. Nichols (argued), Anderson & Nichols, Terre Haute, IN, for Plaintiff-Appellant.

Brian J. Paul (argued), Ice Miller, Indianapolis, IN, for Defendant-Appellee.

Before EASTERBROOK, ROVNER, and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

As James Jennings was working under a forklift that was hoisted by a floor jack, the jack allegedly failed and the forklift fell on Jennings and crushed him. Jennings died as a result of this accident, and his widow sued the manufacturer of the jack, AC Hydraulic A/S, in Indiana state court.1 AC Hydraulic removed the suit to federal court on diversity grounds and later moved for dismissal for lack of...

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