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BOYCE v. GREGORY POOLE EQUIP. CO.

Nos. A04A2020, A04A2251.

605 S.E.2d 384 (2004)

269 Ga. App. 891

BOYCE et al. v. GREGORY POOLE EQUIPMENT COMPANY, et al. (Two Cases).

Court of Appeals of Georgia.

Reconsideration Denied October 6, 2004.

Certiorari Denied February 7, 2005.

Attorney(s) appearing for the Case

Speckhals & Cora, Trent B. Speckhals, Hector R. Cora, Dietrick, Evans, Scholz & Williams, William P. Evans, Atlanta, for appellants.

Kasowitz, Benson Tores & Friedman, Thomas G. Tidwell, Richter, Head, Shinall & Whige, Carolyn A. Wilson, Atlanta, for appellees.

ELDRIDGE, Judge.

The Gregory Poole Equipment Company sold a forklift operated by a stand up operator to Ecolab to experiment with, because Ecolab had previously only used conventional forklifts. Robyn Embry, Ecolab's employee, was using the standup forklift, while other employees were using regular forklifts in the same close work area in the Ecolab plant. When a parked forklift's forks entered the operator's compartment of the standup unit, the forks speared Embry...

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