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CATERPILLAR TRACTOR CO. v. GONZALES

No. 6617.

562 S.W.2d 573 (1977)

CATERPILLAR TRACTOR COMPANY, Appellant, v. Santiago GONZALES et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 25, 1978.

Attorney(s) appearing for the Case

Wiley, Plunkett, Gibson & Allen, Robert A. Allen, Ronald Hornberger, San Antonio, for appellant.

Clark, Thornton & Summers, W. Burl Brock, San Antonio, for intervenor.

Gochman & Weir, Warren Weir, John Scarzafava, San Antonio, for appellees.

OPINION

WARD, Justice.

This is a strict tort liability and negligence action where only a design defect is involved. The Plaintiff/operator, while alighting from his Caterpillar tractor-loader, slipped from the muddy step on the machine and was severely injured. Trial was to a jury which determined that the step on the machine was defectively designed by the manufacturer and this was a producing cause of the fall; and that the step was negligently designed...

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