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GAGNON v. TELEDYNE PRINCETON, INC.

No. 05-1504.

437 F.3d 188 (2006)

Daniel J. GAGNON, Plaintiff, Appellant, v. TELEDYNE PRINCETON, INC., Allegheny Technologies, Inc., Princeton Delivery Systems, Inc. and Does 1-10, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 13, 2006.

Attorney(s) appearing for the Case

Wilbur A. Glahn, III, with whom R. David DePuy, Scott H. Harris, and McLane, Graf, Raulerson and Middleton, Professional Association, were on brief for appellant.

David G. Klaber with whom Mark D. Feczko, Jeffrey S. King, Gregory R. Youman, and Kirkpatrick & Lockhart Nicholson Graham LLP were on brief for appellees.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

COFFIN, Senior Circuit Judge.

This is a product liability action, resting on diversity jurisdiction, brought in the district court for the District of Massachusetts. Plaintiff-appellant was rendered a quadriplegic by injuries sustained when the forklift he was operating tipped over as he attempted to move a tree. Attributing the accident to a problem with the forklift, he sought recovery from defendants-appellees for alleged failures of design, lack of care in manufacturing...

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