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BEAM v. McNEILUS TRUCK AND MFG., INC.

Civil Action No. CV-08-S-0933-NW.

697 F.Supp.2d 1267 (2010)

Sarah BEAM, personal representative of the Estate of James Anthony Lard, deceased, Plaintiff, v. McNEILUS TRUCK AND MANUFACTURING, INC., Defendant.

United States District Court, N.D. Alabama, Northwestern Division.

March 24, 2010.

Attorney(s) appearing for the Case

Ralph M. Young, Gonce Young Sibley & Collum-Butler, Florence, AL, for Plaintiff.

M. Todd Lowther, R. Bruce Barze, Jr., Balch & Bingham LLP, Birmingham, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

LYNWOOD SMITH, District Judge.

This action is before the court on the motion for summary judgment and two motions to exclude filed by defendant, McNeilus Truck and Manufacturing, Inc.1 The suit arises out of an incident that occurred on December 11, 2007, when plaintiffs decedent, James Anthony Lard, fell from the riding platform on a garbage truck manufactured by defendant,2

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