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NEWCOMB v. SPRING CREEK COOLER INC.

No. 18-12036.

926 F.3d 709 (2019)

Michael NEWCOMB, Kathy Newcomb, Plaintiffs-Appellants, v. SPRING CREEK COOLER INC, Spring Creek Produce LLC, SF Farms Inc, SF Exports Inc, T & L Farms Inc, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 5, 2019.

Attorney(s) appearing for the Case

Maxwell Kent Thelen , Kurt G. Kastorf , James Darren Summerville , The Summerville Firm, LLC, ATLANTA, GA, Jack Jeffrey Helms, III , Helms Law Firm, HOMERVILLE, GA, for Plaintiffs-Appellants.

Mark L. Pickett , McLain & Merritt, PC, ATLANTA, GA, Donald Alexander Sweat , Gardner Willis Sweat Plaire & Pickett, ALBANY, GA, for Defendants-Appellees.

Before MARCUS and BLACK, Circuit Judges, and RESTANI, Judge.

Michael Newcomb, a truck driver, was injured on the job while picking up a shipment of corn at Spring Creek's facility in Brinson, Georgia. While carrying a load from a storage cooler to Newcomb's trailer, a forklift operator employed by Spring Creek ran into Newcomb, who was standing on the loading dock by his truck. Newcomb...

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