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MATHER v. CATERPILLAR TRACTOR CORPORATION

No. 2 CA-CIV 1757.

23 Ariz. App. 409 (1975)

533 P.2d 717

Barbara MATHER, surviving spouse of Robert L. Mather, Deceased, Individually, and on behalf of the surviving children, Robert Mather, Jr., and Sandra Mather, Appellant, v. CATERPILLAR TRACTOR CORPORATION, a Foreign Corporation, and Empire Machinery Corporation, an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 7, 1975.

Review Denied June 17, 1975.

Attorney(s) appearing for the Case

Messing, Franklin & Feulner, P.C. by William Messing and George J. Feulner, Jr., Tucson, for appellant.

Murphy, Vinson & Hazlett by John U. Vinson, Tucson, for Caterpillar Tractor Corp.

Chandler, Tullar, Udall & Richmond by David Burr Udall, Tucson, for Empire Machinery.

OPINION

HOWARD, Chief Judge.

Appellant filed this wrongful death action based on negligence and strict tort liability. She appealed from a judgment entered on a jury verdict in appellees' favor. Robert Mather, while in the employ of Anaconda Mining Company, was killed when a caterpillar tractor he was driving rolled over and crushed him. Appellant sued the manufacturer of the tractor, Caterpillar Tractor Corporation (Caterpillar) and Empire Machinery Corporation...

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