WILLIAMS v. NATIONAL TRAILER CONVOY, INC.

No. 81-K-1768.

549 F.Supp. 305 (1982)

Inzebelle WILLIAMS, Jennifer Williams by her mother and next friend Charlotte Williams, and Johnny A. Williams, [Plaintiffs], v. NATIONAL TRAILER CONVOY, INC., an Oklahoma corporation, Howard W. Schoby, and the Commodore Corporation, a Delaware corporation, [Defendants].

United States District Court, D. Colorado.

October 12, 1982.


Attorney(s) appearing for the Case

Michael E. Hendricks, Hendricks & Hendricks, Robert Dunlap, P.C., Colorado Springs, Colo., for plaintiffs.

Jerry A. Retherford, Rector, Retherford, Mullen & Johnson, Colorado Springs, Colo., for National and Schoby.

John F. Hensley, Wood, Ris & Hames, P.C., Denver, Colo., for Commodore.


ORDER

KANE, District Judge.

The issue in this motion to dismiss is whether the strict liability principles of the Restatement (Second) of Torts § 402A should be extended to non-users or non-consumers.

On January 20, 1981, the defendant Schoby was operating a tractor unit, towing a mobile home, west-bound on a highway. The towed unit crossed into the east-bound lane resulting in a collision...

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