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OTIS ELEVATOR CO. v. MIDLAND RED OAK REALTY, INC.

No. 04-6327.

483 F.3d 1095 (2007)

OTIS ELEVATOR COMPANY, Plaintiff-Appellant, v. MIDLAND RED OAK REALTY, INC.; MRO Properties, Inc. and Knox Glass Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 24, 2007.

Attorney(s) appearing for the Case

Stacey Haws Felkner (Robert E. Manchester with her on the briefs) of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, for Plaintiff-Appellant.

Robert W. Nelson (Derrick T. DeWitt with him on the briefs) of Whitten, Nelson, McGuire, Terry & Roselius, and Daniel K. Zorn (Stephen R. Palmer with him on the briefs) of Colins, Zorn & Wagner, Oklahoma City, OK, for Defendants-Appellants.

Before BRISCOE, ANDERSON and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

On August 26, 1999, Defendant Knox Glass Company (Knox), with the assistance of Plaintiff Otis Elevator Company (Otis), attempted to transport a large piece of glass on top of an elevator car ("a car top move") in a building owned and managed by MRO Southwest (MRO).1 During the transport, the glass broke, injuring Raymond Atkinson, a Knox employee. Atkinson sued Otis,...

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