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WEST v. CATERPILLAR TRACTOR CO., INC.

No. 73-3217.

547 F.2d 885 (1977)

Leon WEST, Individually and as personal representative of the Estate of Gwendolyn West, Deceased, Plaintiff-Appellee, v. CATERPILLAR TRACTOR COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1977.

Attorney(s) appearing for the Case

James S. Usich, Coral Gables, Fla., for defendant-appellant.

Philip Freidin, Robert Orseck, Miami, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

GEE, Circuit Judge:

A little over six years ago, Gwendolyn West was run over and killed on the Miami streets by a backing road grader manufactured by defendant. Trial of this diversity action filed by her representatives resulted in special verdicts of negligence, breach of implied warranty, and strict liability against defendant, of 35% comparative negligence contributing to her death on Mrs. West's part, and of $125,000.00 damages. The trial court entered judgment...

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