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MIDDLETON v. CATERPILLAR INDUS., INC.

1050939.

979 So.2d 53 (2007)

Daniel A. MIDDLETON, Jr. v. CATERPILLAR INDUSTRIAL, INC.

Supreme Court of Alabama.

August 17, 2007.

Attorney(s) appearing for the Case

David Michael Huggins and Gordon K. Howell of Turner, Onderdonk, Kimbrough, Howell, Huggins & Bradley, P.A., Mobile; and E. Paul Gibson of Riesen Law Firm, L.L.P., North Charleston, South Carolina, for appellant.

Edward S. Sledge III and W. Craig Hamilton of McDowell Knight Roedder & Sledge, L.L.C., Mobile, for appellee.

COBB, Chief Justice.1

Daniel A. Middleton, Jr., the plaintiff in a personal-injury action in the Mobile Circuit Court, appeals from a summary judgment in favor of the sole remaining defendant, Caterpillar Industrial, Inc.2 We reverse and remand.

I. Background

Middleton was employed as a maintenance mechanic by Ryan-Walsh, Inc., now known as Stevedoring Services of America Gulf Terminals...

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