United States Sixth Circuit

Summary judgment for defendant on plaintiffs' negligence claims involving a forklift accident at defendant's plant is reversed where: 1) defendant, through its employee, owed plaintiff a duty of care to operate its machinery in a reasonably safe manner; and 2) plaintiff raised a genuine issue of material fact as to whether the operation of a forklift in proximity to pedestrians on a loading dock was an open and obvious activity that presented special aspects of danger under Michigan law.

Appellate Information

• Argued 12/02/2005
• Decided 05/26/2006
• Published 05/26/2006

Judges

• PER CURIAM., Before BOGGS, Chief Judge;  BATCHELDER;  Circuit Judge;  and KATZ, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard L. Steinberg, Detroit, MI, for Appellants. John R. Trentacosta, Foley & Lardner, Detroit, MI, for Appellee. ON BRIEF:Richard L. Steinberg, Detroit, MI, for Appellants, John R. Trentacosta, Jenice C. Mitchell, Foley & Lardner, Detroit, MI, for Appellee.