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CRUMP v. CLARK EQUIPMENT COMPANY

No. 73-1029.

481 F.2d 667 (1973)

Harold W. CRUMP, Plaintiff-Appellee, v. CLARK EQUIPMENT COMPANY, Defendant-Appellant, The Travelers Life Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 26, 1973.

Attorney(s) appearing for the Case

Geo. A. Weller, Beaumont, Tex., for defendant-appellant.

March H. Coffield, Joe H. Tonahill, Jasper, Tex., for plaintiff-appellee.

John G. Bissell, Pike Powers, Jr., Beaumont, Tex., for intervenor-appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

PER CURIAM:

This is a Texas diversity products-liability case in which Crump, an employee of Texaco, sued Clark Equipment Company for injuries sustained when the ladder leading up the side of a hystertype equipment mover failed as Crump was ascending the ladder to get to the operator's elevated seat. By appropriate special questions, F.R.Civ.P. 49(a), the jury found the cause of the unladderworthiness was a defective weld which had existed from the time of its manufacture...

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