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KENNEDY v. JOY TECHNOLOGIES, INC.

No. 2:05CV00030.

455 F.Supp.2d 522 (2006)

Mollie L. KENNEDY, Administratrix, Etc, Plaintiff, v. JOY TECHNOLOGIES, INC., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

October 5, 2006.

Attorney(s) appearing for the Case

Charles H. Smith, III, and James W. Ellerman, Gentry Locke Rakes & Moore, LLP, Roanoke, VA, and Clarence E. Phillips, Castlewood, VA, for Plaintiff.

Mark D. Loftis, Woods Rogers PLC, Roanoke, VA, for Defendant Joy Technologies, Inc., d/b/a Joy Mining Company.

Patrick D. Blake and Brian W. Lown, Willcox & Savage, P.C., Norfolk, VA, for Defendant Matric Limited.

OPINION

JONES, Chief Judge.

In this products liability case, I will grant summary judgment in favor of the defendants.

I

The plaintiff decedent, Gregory R. Kennedy, an experienced underground coal miner, was killed when he was crushed by the continuous miner machine that he had been operating.1 The machine was manufactured and sold by defendant Joy Technologies, Inc. A component remote control unit, called a...

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