11th Circ. Reverses Win For Corn Co. In Forklift Accident

By Carolina Bolado (June 6, 2019, 6:00 PM EDT) -- The Eleventh Circuit late Wednesday reversed a win for sweet corn seller Spring Creek Cooler Inc. over an accident caused by one of its forklift operators, ruling that the district court erred in characterizing the incident as a premises liability claim.

The appeals court reversed a summary judgment order ending truck driver Michael Newcomb's suit against Spring Creek over the forklift accident that caused a head injury and left him disabled and unable to work.

A Georgia district court had found that Newcomb's knowledge of the hazard on the premises was equal to or greater than that of Spring Creek's, so...

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