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This is a products liability action arising out of an accident involving a forklift truck manufactured by the appellant, The
Raymond Corporation ("Raymond"). The gravamen of the complaint by the appellee, Frank Tuggle ("Tuggle"), was alleged negligent
design and strict liability. The jury returned a $65,000 verdict in favor of Tuggle. Raymond appeals and presents the following
issues for our review: (1) Did the trial court err in refusing to instruct the jury that Raymond's compliance with an Occupational
Safety and Health Administration regulation concerning forklift design created a rebuttable presumption in its favor as prescribed
by T.C.A. § 29-28-104 (Tenn. 1980)? (2) Did the trial court err in excluding from evidence the National Safety
Council's forklift design standards? (3) Did the trial court err in refusing to instruct the jury that causation cannot be
established by choosing between equal probabilities? Baxter-Travenol Laboratories ("Travenol") employed Tuggle as a forklift operator at its warehouse in Memphis. On October
5, 1983, the day of the accident, Tuggle arrived at work and began his job of moving pallets of medical supplies by forklift
to the releasing area of Travenol's warehouse. From a stand-up position, Tuggle was operating a Raymond Model 31 forklift.
Travenol required its employees to drive this particular forklift backwards, or, in the opposite direction of the forks, forcing
the operator to turn or look over his shoulder. Upon approaching a T-intersection of two aisles, Tuggle was unable to stop
the forklift, and it crashed into a wall, throwing him out of the operator's compartment and penning him between the outside
of the forklift and the wall. Tuggle sustained fractures to his right knee and left foot and both of his legs were in a cast
for 6 to 7 weeks. Tuggle returned to work in May or June of 1984, but he was limited to working four hours per day. By the
end of two months, he was forced to retire due to the excessive and continuous swelling in his leg.

Professional & Technical
December 22
LawApp Publishers
Innodata Book Distribution Services Inc

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