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BEACHAM v. LEE-NORSE

No. 81-1920.

714 F.2d 1010 (1983)

John BEACHAM, Plaintiff-Appellee, v. LEE-NORSE and Ingersoll-Rand; and Does I through V, Inclusive, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 26, 1983.

Attorney(s) appearing for the Case

Jackson Howard, Provo, Utah (Richard B. Johnson, Provo, Utah, with him on the brief) of Howard, Lewis & Petersen, Provo, Utah, for plaintiff-appellee.

Peter Stirba, Salt Lake City, Utah (William T. Thurman, Salt Lake City, Utah, with him on the brief) of McKay, Burton, Thurman & Condie, Salt Lake City, Utah, for defendants-appellants.

Before McWILLIAMS and BARRETT, Circuit Judges, and BRATTON, District Judge.

BARRETT, Circuit Judge.

In this diversity case Lee-Norse and Ingersoll-Rand appeal from a jury verdict finding them strictly liable for injuries suffered by John Beacham.

Lee-Norse is a wholly owned subsidiary of Ingersoll-Rand which manufactures and sells coal mining machinery. The machine involved in this case was a roof bolter designed and manufactured by Lee-Norse and sold to the Braztah Mining Company. The roof bolter was used in Braztah's underground...

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