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Something went wrong. View cart for details.User Agreement, Privacy, Cookies and AdChoice Norton Secured - powered by Verisign. Having reviewed the motions and memoranda, this Court GRANTS the Defendants' Motions for Summary Judgment (Docs. No. 57 and 75). II. BACKGROUND Thereafter, while Mr. Ignacio was being lowered to the ground, the Lull 844C-42 Telescopic Handler tipped over.See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). A fact is material if it is one that might affect the outcome of the case. See id. The party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and identifying those materials that demonstrate the absence of a genuine issue of material fact. See Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990). Rather, for a court to find a genuine issue for trial, the non-moving party must establish, through the record presented to the court, that it is capable of providing evidence sufficient for a reasonable jury to return a verdict in its favor. See Cohen v. United Am. Bank, 83 F.3d 1347, 1349 (11th Cir.1996). When a court considers whether or not to enter summary judgment, it views all of the evidence, and all inferences drawn therefrom, in the light most favorable to the non-moving party. See Hairston v. Gainesville Sun Publ'g Co., 9 F.3d 913, 918 (11th Cir.1993). V. LEGAL ANALYSIS A. The Defendants had a Duty to Warn Against Using the Lull 884C-42 Telescopic Handler as a Personnel Carrier but Their Warnings Were Adequate as a Matter of Law In those cases, the courts considered the danger associated with falling off an insecure work platform; a risk that would be apparent to the average layperson. In the converse, this case involves the danger associated with falling as a result of heavy equipment tipping over; a risk which is not necessarily open and obvious. The Defendants here have confused apples with oranges. In that regard, the Defendants allege as follows: Lull provided decals on the fork carriage and in the operator compartment cautioning people against using the lift as a personnel carrier.Consequently, a manufacturer may be liable in tort for introducing an otherwise safe product into the stream of commerce solely by virtue of inadequate warnings. See Ferayorni v. Hyundai Motor Co., 711 So. 2d 1167, 1170 (Fla. 4th DCA 1998) (citing Giddens v. Denman Rubber Mfg. Co., 440 So. 2d 1320, 1323 (Fla. 5th DCA 1983)). In such a case, a plaintiff may proceed under a theory of negligence, strict liability, or both. See Griffin v. Kia Motors Corp., 843 So. 2d 336, 339 (Fla. 1st DCA 2003); see also Ferayorni, 711 So. 2d at 1172. However, where warnings are accurate, clear, and unambiguous, the issue is one of law to be resolved by the judge.Further, at page twenty-five (25) the Operator's Manual reads as follows: LIFTING PERSONNEL. It is designed for material handling ONLY.See Roy Templeton Deposition (Doc. No. 60) at pg. 21, line 23 through pg. 22, line 11; pg. 65, lines 7-21; and pg. 66, line 14 through pg. 67, line 10. Follow the instructions in the safety message. Three Reasons Why Safety is Important to You: 1. Accidents disable and kill. 2. Accidents cost. 3. Accidents can be avoided. Viewing all of the evidence, and all inferences drawn therefrom, in the light most favorable to the Plaintiff, the Court finds that no reasonable jury could conclude that the Defendants' warnings here were inadequate. B. The Decedent's Misuse of the Lull 844C-42 Telescopic Handler as a Personnel Carrier Bars the Plaintiff's Strict Liability and Negligence Actions. As the warnings affixed to the Lull 844C-42 Telescopic Handler and spread throughout the Operator's Manual make clear, it is not intended to be used as a personnel lift, especially in the absence of a special personnel carrier attachment. Even the Plaintiff's expert concedes this point: Q. Would you call it a misuse of the product to carry people on a forklift without such a special personnel carrier attachment? A. The OSHA law is quite specific that if people are lifted on a forklift they should be in what they call a safety work platform. Q. Would you call it a misuse of the forklift if they are not? A. I would have to say yes. See Jennings, 181 F.3d at 1257 (interpreting Florida law). Instead, product misuse has been merged into the defense of comparative negligence.See Standard Havens Prods., Inc., 648 So. 2d at 1197 (discussing law of products liability claims sounding in negligence). Viewing all of the evidence, and all inferences drawn therefrom, in the light most favorable to the Plaintiff, the Court finds that no reasonable jury could conclude otherwise. Had the lift been utilized as intended to lift products and materials to higher elevations Mr. Ignacio would not have been injured. His death is solely attributable to stepping off a third story roof onto a lift suspended high into the air without a special safety personnel carrier attachment. Accordingly, the Defendants are entitled to summary judgment on the Plaintiff's negligence claims as well. C. The Alteration of the Lull 844C-42 Telescopic Bars The Plaintiff's Product Liability Claims When the boom angle is in excess of forty degrees, the proximity switches activate a rear oscillation lock that disengages the lift's frame tilt feature significantly enhancing the stability of the Lull 844C-42 Telescopic Handler. Bypassing proximity switches may result in serious personal injury or death. See operator's manual for instructions. There's many mechanics that have got dollars worth of quarters in their toolbox that they have taken off of proximity switches. This is so because a manufacturer is, as a matter of law, under no duty to produce a fail-safe product, so long as the product poses no unreasonable dangers from consumer use. Producing an otherwise safe jointer machine with a detachable safety guard poses no such unreasonable dangers. The Defendant is, as a matter of law, under no duty to produce a fail-safe product.For a rough terrain forklift to be useful, it must allow for the operator to both tilt the frame and raise a boom. As a result, those features do not, per se, indicate negligence. Instead, it is apparent that the decedent's misuse of the lift as a personnel carrier was the sole legal cause of his injuries. Accordingly, the Defendant, Trak International, is entitled to summary judgment on the Plaintiff's negligent design, manufacturing, and construction claims. E. Workers' Compensation Immunity Protects Rental Service From Liability Predicated on Operator Error In a deposition, the Plaintiff's expert admitted that prior to the accident there was no evidence indicating that the lift ever malfunctioned. See id. at pg. 115, lines 15-18. In fact, Mr. Templeton testified that when he operated the Lull 844C-42 Telescopic Handler on the day in question, it worked as intended. See Deposition of Roy Templeton (Doc. No. 60) at pg. 10, line 25 through pg. 11, line 5; and pg. 31, line 4 through pg. 32, line 6. Moreover, the lift was practically brand new at the time of the accident; it had been in operation for only 141 hours.It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support. Mr. Ignacio's Undocumented Alien Status Precludes An Award of Lost U.S. Wages In addition to trenching upon the immigration policy of the United States and condoning prior violations of immigration laws, awarding lost wages would be tantamount to violating the IRCA. Awarding lost wages is akin to compensating an employee for work to be performed. This Court cannot sanction such a result. After all, if undocumented aliens were not included within the definition of employee for purposes of workers' compensation benefits, then they would be permitted to sue their employers in tort for work related injuries. Nor do they reflect serious policy considerations on the part of the Florida legislature. Instead, they represent another remedy available to tort victims in addition to pain and suffering, medical expenses, funeral expenses, punitive damages, etc. Backpay and lost wages are nearly identical; both constitute an award for work never to be performed. The judgment shall further provide that the Defendant, Rental Service, shall recover its costs arising from this action. The judgment shall further provide that the Defendant, Trak International, shall recover its costs arising from this action. In other words, Mr. Ignacio was not riding in a special personnel carrier attachment. Although Mr. Ignacio's misuse of the lift did not proximately cause the tip over, it certainly caused his injuries and death. Had the parties used the lift as intended to lift products and materials to higher elevations Mr. Ignacio would not have been injured in the tip over. In relevant part, it reads as follows:See Silverberg, 710 F.2d at 690. In this instance, there is no indication that the Florida Supreme Court would reach a conclusion opposite of that reached in Knox. Because all of the circumstances the workplace, the lift, the lift's operator, and the decedent surrounding the tip over of the Lull 844C-42 Telescopic Handler were controlled solely by Collis, only Collis' conduct logically contributed to a foreseeable zone of risk. Although it would have been more appropriate for Maria Juvencia Ignacio to sign a Spanish version of the affidavit and then for the plaintiff to translate the affidavit into English, the approach taken by the Plaintiff here preparing an affidavit in English and thereafter orally translating it into Spanish for signature does not render the affidavit per se improper. See Venzor v. Gonzalez, 968 F. Supp. 1258, 1262 n. 3 (N.D.Ill.1997) (denying motion to strike English affidavit of non-English speaking affiant even though it would have been preferable for the affiant to sign Spanish version that was then put into English). Since it is clear that Ms. Ignacio's affidavit was based on her personal knowledge, see Affidavit of Magaly Bennett (Doc. No. 123), the Court accepts her attestations for purposes of creating a genuine issue of material fact. This manual is a digitally enhanced reproduction of the john deere 8430 manual original manufacturer-issued manual. It covers every single detail on your John Deere, 86Tractor. Shop Now: View Cart: TRACTOR PARTS. It is the manual that the factory furnished the dealer’s service department, and was not sent or given to individual retail customers. John Deere tractor parts Tractor parts for John john deere 8430 manual Deere tractors at All States Ag Parts. Which Manual Do I Need.Same-day shipping and easy returns. 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