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McPHAIL v. DEERE & CO.

No. 07-6142.

529 F.3d 947 (2008)

Barbara Jean McPHAIL, Personal Representative of the Estate of Willis Ray McPhail, Plaintiff-Appellant, v. DEERE & COMPANY, a Delaware Corporation, Defendant-Appellee, and John Does 1-3, Defendants.

United States Court of Appeals, Tenth Circuit.

June 25, 2008.

Attorney(s) appearing for the Case

Joseph T. Acquaviva, Jr. (Chad M. Kirk with him on the brief), Wilson, Cain & Acquaviva, Oklahoma City, OK, for Plaintiff-Appellant.

Jo Anne Deaton (Lindsay J. McDowell with her on the brief), Rhodes, Hieronymus, Jones, Tucker & Gable, P.L.L.C., Tulsa, OK, for Defendant-Appellee.

Before TACHA, EBEL and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In June of 2004, Willis Ray McPhail, a Kiowa County, Oklahoma farmer, was killed when he started his tractor by bypassing its malfunctioning circuitry. When it started, the tractor suddenly lurched backward and ran him over, inflicting fatal injuries. His widow, Barbara Jean McPhail, brought suit in state court on her own behalf and on behalf of his estate against Deere & Co. ("Deere"), the manufacturer...

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