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CATERPILLAR TRACTOR CO. v. BECK

Nos. 3066, 3068.

593 P.2d 871 (1979)

CATERPILLAR TRACTOR CO., Appellant, v. Paula BECK, Appellee. Paula BECK, Cross-Appellant, v. CATERPILLAR TRACTOR CO., Cross-Appellee.

Supreme Court of Alaska.

April 6, 1979.

Attorney(s) appearing for the Case

Lloyd I. Hoppner of Rice, Hoppner & Hedland, Fairbanks, Murphy L. Clark, Anchorage, for appellant and cross-appellee.

Theodore R. Dunn of Matthews, Dunn & Baily, Anchorage, O. Nelson Parrish of Parrish Law Office, Fairbanks, for appellee and cross-appellant.

Before BOOCHEVER, Chief Justice, RABINOWITZ, CONNOR, and BURKE, Justices, and DIMOND, Senior Justice.

OPINION

CONNOR, Justice.

On June 24, 1973, Derald Allen Beck was killed when the Caterpillar 944 front-end loader which he was operating rolled over an embankment. Decedent's widow, Paula Beck, brought this action against Caterpillar Tractor Company (hereinafter Caterpillar) for the wrongful death of her husband. Beck contended that Caterpillar's failure to equip the 944 loader with a roll-over protective shield (hereinafter ROPS) constituted a design defect...

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