Boyce v. Gregory Poole Equipment Co.

Eldridge, Judge.

The Gregory Poole Equipment Company sold a forklift operated by a standup operator to Ecolab to experiment with, because Ecolab had previously only used conventional forklifts. Robyn Embry, Eco-lab’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’s leg, severing an artery and causing him to bleed to death. The trial court erroneously granted motions for summary judgment…