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SANDERS v. LULL INTERN., INC.

No. 04-12151.

411 F.3d 1266 (2005)

Nanette SANDERS, James A. Sanders, Jr., Plaintiffs-Appellants, v. LULL INTERNATIONAL, INC., Defendant-Appellee, Builders Insurance Group, Inc., f.k.a. Association Services, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 9, 2005.

Attorney(s) appearing for the Case

Michael J. Warshauer, Warshauer & Woodruff, P.C., Atlanta, GA, for Plaintiffs-Appellants.

Richard B. North, Jr., Nelson, Mullins, Riley & Scarborough, LLP, Atlanta, GA, Jeffrey A. Daxe, Moore, Ingram, Johnson & Steele, LLP, Marietta, GA, for Defendant-Appellee.

Before ANDERSON and WILSON, Circuit Judges, and OWENS, District Judge.

ANDERSON, Circuit Judge:

This is a tort case in which plaintiff James Sanders, a construction worker, was injured when defendant manufacturer's forklift turned over. Sanders faults manufacturer Lull in the forklift's design, manufacture, construction, as well as its duty to inspect, test, and warn of its dangerous condition.1 The district court granted summary judgment to Lull, reasoning that Sanders had misused the forklift, and that...

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