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SHELAK v. WHITE MOTOR CO.

No. 76-2518.

581 F.2d 1155 (1978)

John SHELAK (Norma Jean Shelak, Personal Representative of the Estate of John Shelak, substituted in the place and stead of John Shelak, Deceased), Plaintiff-Appellee, v. WHITE MOTOR COMPANY, Defendant-Appellant, Transport Indemnity Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 14, 1978.

Attorney(s) appearing for the Case

Thomas G. Nash, Jr., Dallas, Tex., for defendant-appellant.

Frank L. Branson, Dallas, Tex., for J. Shelak.

H. C. McCracken, Jr., Carrollton, Tex., W. James Kronzer, James Edward Robinson, Houston, Tex., for Transport, etc.

Before HILL, RUBIN and VANCE, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In the case on appeal, the plaintiff-appellee John Shelak was injured when a step on his truck broke beneath his weight. The plaintiff brought this diversity action against the seller of the truck, White Motor Co.,1 on the theory of strict tort liability. The plaintiff alleged that the step that broke and caused his injuries was defectively designed. After a trial, the jury awarded the plaintiff $125,000....

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