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SMITH v. JOY TECHNOLOGIES, INC.

Nos. 14-6406/6461.

828 F.3d 391 (2016)

Anthony SMITH, Jr. and Loretta Lynn Smith, Plaintiffs-Appellants (14-6406), Chartis Casualty Company, Intervening Plaintiff-Appellant (14-6461), v. JOY TECHNOLOGIES, INC., d/b/a Joy Mining Machinery, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 30, 2016.

Attorney(s) appearing for the Case

ARGUED: R. Lauren Horner , Jones Ward, PLC, Louisville, Kentucky, for Appellants in 14-6406. Kelley D. Gray , Pohl & Aubrey, PSC, Louisville, Kentucky, for Appellant in 14-6461. Nicholas C. Pappas , Frost Brown Todd LLC, Indianapolis, Indiana, for Appellee. ON BRIEF: Lawrence Lee Jones II , Jones Ward, PLC, Louisville, Kentucky, for Appellants in 14-6406. Kelley D. Gray , Pohl & Aubrey, PSC, Louisville, Kentucky, for Appellant in 14-6461. Nicholas C. Pappas , Darren A. Craig , Frost Brown Todd LLC, Indianapolis, Indiana, Casey Wood Hensley , Frost Brown Todd LLC, Louisville, Kentucky, Larry C. Deener , Landrum & Shouse, Lexington, Kentucky, for Appellee.

Before: MERRITT, BATCHELDER, and GILMAN, Circuit Judges.

OPINION

Anthony Smith was severely injured in October 2010 while working amidst a highwall mining (HWM) system at a coal mine owned and operated by Southern Coal Corp. in Harlan County, Kentucky. As he was disengaging a conveyor car from the system, Smith inadvertently placed his foot in a "pinch point...

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