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ENFIELD BY AND THROUGH ENFIELD v. PITMAN MFG.

No. 94-1423-JTM.

923 F.Supp. 187 (1996)

Jerry Allen ENFIELD, By and Through His Conservator and Natural Mother, Mae ENFIELD, Plaintiff, v. PITMAN MANUFACTURING; Duluth Engineering & Mfg., Inc.; Pitman Engineering & Mfg., Inc.; A.B. Chance Company; Emerson Electric Company; Teague Equipment Company; and Independent Testing Laboratory, Defendants, City of Goodland, Kansas, Intervenor.

United States District Court, D. Kansas.

April 30, 1996.

Attorney(s) appearing for the Case

David A. Hoffman and Donald W. Vasos, Shawnee Mission, KS and Carston C. Johannsen, Lenexa, KS, for plaintiff.

Eldon L. Boisseau and Anne Hull, Wichita, KS and Patrick W. Durick and Stephen D. Easton, Bismarck, ND, for intervenor; Emerson Electric; Pitman, Duluth Engineering; A.B. Chance.

Larry A. Withers, Wichita, KS, for Teague Equipment.

Daniel F. Church, Kansas City, KS, for Independent Testing.

MEMORANDUM AND ORDER

MARTEN, District Judge.

Plaintiff Jerry Allen Enfield seeks damages from personal injuries allegedly caused when the boom on a Pitman Polecat digger derrick came loose and struck a utility pole, causing the pole to strike Enfield and result in his claimed injuries. Enfield alleges Independent Testing Laboratories (ITL) negligently inspected the Polecat. As a result, the Polecat was operated in an unsafe condition, causing the...

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