STEWART v. SCOTT-KITZ MILLER CO.

No. 52232.

626 P.2d 329 (1981)

Thomas O. STEWART, Appellant, v. SCOTT-KITZ MILLER CO., a corporation, and Clark Equipment Company, a corporation, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied February 10, 1981.

Certiorari Denied As to Opinion As Corrected March 23, 1981.


Attorney(s) appearing for the Case

Charles J. Watts, Procter, Fleming & Speck, Oklahoma City, for appellant.

B.J. Cooper, Cooper, Stewart & Elder, Oklahoma City, for appellees.


BRIGHTMIRE, Judge.

The question is, does plaintiff's amended petition state facts sufficient to impose manufacturer's products liability on the defending maker of a malfunctioning forklift? We hold it does and reverse the order dismissing the manufacturer from the lawsuit.

I

The 24-year-old plaintiff, Thomas Stewart, in a first amended petition, alleged Clark Equipment Company designed and manufactured forklifts...

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