FOSTER v. FORD MOTOR CO.

No. 77-2622.

621 F.2d 715 (1980)

Luda FOSTER, etc., et al., Plaintiffs-Appellants, v. FORD MOTOR COMPANY et al., Defendants-Appellees. McLEAN TRUCKING COMPANY, Plaintiff-Appellant, v. FORD MOTOR COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 1980.


Attorney(s) appearing for the Case

John E. Collins, Irving, Tex., Richie & Kernaghan, Shreveport, La., for Foster, etc.

E. Glen Johnson, Gerald Reading Powell, Dallas, Tex., for McLean Trucking Co.

Eugene W. Brees, II, David S. Kidder, Dallas, Tex., for Ford Motor Co.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.


RONEY, Circuit Judge:

This is a products liability case based on diversity jurisdiction arising out of a two truck collision in Dallas County, Texas. The jury found there was no defect in the Ford truck which caused loss of control. Against plaintiffs' claim on appeal that the district court erred in instructing the jury on strict liability only, refusing to instruct on negligence and breach of warranty, and in refusing admission into evidence of a design change made...

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