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WHITE MOTOR CORPORATION v. STEWART

No. 72-1040.

465 F.2d 1085 (1972)

WHITE MOTOR CORPORATION, an Ohio corporation, and Freight-Liner Corporation, a Nevada corporation, Appellants, v. Finis STEWART, and Lee Way Motor Freight, Inc., a Delaware corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 5, 1972.

Certiorari Denied December 11, 1972.

Attorney(s) appearing for the Case

Clyde J. Watts, Oklahoma City, Okl., for appellants; G. Kent Fleming, of Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., of counsel.

Ben T. Lampkin, Jr., and John W. Norman of Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, Oklahoma City, Okl., for appellee Finis Stewart.

Lawrence E. Hoecker, of Pierce, Couch, Hendrickson, Gust & Short, Oklahoma City, Okl., for appellee (intervenor) Lee Way Motor Freight, Inc.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

Certiorari Denied December 11, 1972. See 93 S.Ct. 561.

WILLIAM E. DOYLE, Circuit Judge.

This diversity action is a products liability case in which Oklahoma law of implied warranty of fitness for intended use was applied. Plaintiff-appellee Stewart, a long-haul truck driver for Lee Way Motor Freight, the intervenor-appellee, received serious injuries when his truck went out of control, left the highway and turned over. The incident occurred on a clear night...

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