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O'BRIEN v. CLARK EQUIPMENT COMPANY

25 A.D.3d 958 (2006)

807 N.Y.S.2d 703

LISA M. O'BRIEN, Individually and as Administrator of the Estate of RUDOLPH C. O'BRIEN, Deceased, Respondent, v. CLARK EQUIPMENT COMPANY, Appellant, THOMPSON & JOHNSON EQUIPMENT COMPANY, INC., Respondent, and CLARK MATERIAL HANDLING COMPANY, Defendant and Third-Party Plaintiff-Appellant. DJ WHOLESALE BUILDING MATERIALS DISTRIBUTORS, INC., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 19, 2006.

Rose, J.

When plaintiff's decedent dismounted and stood behind the forklift that he had been operating, it allegedly shifted itself into reverse and killed him by pinning him against a truck. In July 1996, plaintiff commenced this action against, among others, defendant Clark Equipment Company, which had manufactured the forklift, and its successor, defendant Clark Material Handling Company (hereinafter collectively referred to as defendants), to recover damages for...

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