Anthony was employed as a forklift operator for Blackburn Construction Company. While on the job, he operated

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Anthony was employed as a forklift operator for Blackburn Construction Company. While on the job, he operated the forklift in a manner that was careless and in direct violation of Blackburn’s procedural manual and, as a result, caused himself severe injury. Blackburn denies liability based on Anthony’s (a)

gross negligence,

(b) disobedience of the procedural manual, and

(c) written waiver of liability. Can Anthony recover for his injury? Explain.

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