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KITCHENS v. DIRTWORKS, INC.

No. 2009-CA-01677-COA.

50 So.3d 388 (2010)

James M. KITCHENS, Appellant v. DIRTWORKS, INC., Appellee.

Court of Appeals of Mississippi.

December 14, 2010.

Attorney(s) appearing for the Case

James Michael Priest Jr. , Jackson, attorney for appellant.

William E. Whitfield III , Kaara Lena Lind , Biloxi, attorneys for appellee.

Before LEE, P.J., GRIFFIS and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. James M. Kitchens sustained serious injuries after falling more than twenty feet from a forklift, improperly used to lift him.1 Kitchens's employer was repairing a gravel hopper for D.K. Aggregates, LLC. DK Aggregates subleased the forklift from Dirtworks, Inc. Kitchens claims Dirtworks is liable for his injuries because it negligently entrusted the forklift...

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