VINEYARD v. EMPIRE MACH. CO., INC.

No. 1 CA-CIV 3505.

119 Ariz. 502 (1978)

581 P.2d 1152

Jesse R. VINEYARD and Joan E. Vineyard, husband and wife, Appellants, v. EMPIRE MACHINERY COMPANY, INC., Euclid, Inc., General Motors Corporation and Terex Division of General Motors Corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied June 19, 1978.

Review Denied July 18, 1978.


Attorney(s) appearing for the Case

Barber, Haralson & Kinerk, P.C. by Dale D. Haralson, Tucson, for appellants.

Moore & Romley by Kenneth J. Sherk and Roger T. Hargrove, Phoenix, for appellee Empire Machinery Co., Inc.

Snell & Wilmer by John J. Bouma and Douglas W. Seitz, Phoenix, for appellees Euclid, Inc., and General Motors Corp.


OPINION

JACOBSON, Acting Presiding Judge.

The issue on this appeal from summary judgment is whether the trial court correctly found that there were no genuine issues of material fact with regard to whether a piece of heavy equipment was in a defective condition, unreasonably dangerous to the user.

The plaintiff-appellant, Jesse R. Vineyard, was involved in an accident on July 6, 1972, while operating an earth moving machine known as a scraper. This...

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