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Shundra Banks, et al. v. Terex Corporation, et al.

Michael Banks worked at the Flying Dog Brewery in Frederick, Maryland; he operated a forklift that moved pallets of beer kegs in the brewery’s cooler. On March 23, 2009, a co-worker found him in the cooler lying unconscious next to the forklift, and he died a day later. His widow, Shundra Banks, along with his children and estate (collectively “the Family”), filed a complaint in the Circuit Court for Baltimore City alleging negligence and products liability against a number of defendants, including McCall Handling Company (“McCall”) and Terex Corporation (“Terex”). The Family claimed that McCall had negligently maintained the forklift and that Terex should be held liable, either directly or as the parent corporation of the forklift’s manufacturer.

The court ultimately granted the defendants’ motions for summary judgment and the Family appealed. Terex also cross-appealed on two points: first, the trial court’s previous decision to deny its motion for change of venue, and second, the court’s interpretation of Maryland’s damages cap that would have allowed the Family a higher range of potential damages.

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