BLACK v. DIXIE CONSUMER PRODUCTS LLC

No. 15-5889.

835 F.3d 579 (2016)

Steve BLACK, Plaintiff-Appellee, v. DIXIE CONSUMER PRODUCTS LLC; Georgia-Pacific Consumer Products Holdings LLC, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2016.


Attorney(s) appearing for the Case

ARGUED: Matthew P. Cook , Cole & Moore, P.S.C., Bowling Green, Kentucky, for Appellants. Mike Breen , Mike Breen Attorney at Law, P.S.C., Bowling Green, Kentucky, for Appellee. ON BRIEF: Matthew P. Cook , John David Cole, Sr. , Cole & Moore, P.S.C., Bowling Green, Kentucky, for Appellants. Mike Breen , Mike Breen Attorney at Law, P.S.C., Bowling Green, Kentucky, for Appellee.

SUTTON, J., delivered the opinion of the court in which BOGGS, J., joined. CLAY, J. (pp. 586-93), delivered a separate dissenting opinion.


OPINION

Steve Black, a truck driver for Western Express, drove a load of raw paper materials to a factory operated by Dixie Consumer Products in Bowling Green, Kentucky. During the unloading process, a careless Dixie employee ran over Black's foot with a forklift. Black received workers' compensation from Western...

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