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WATERS v. DEUTZ CORP.

460 A.2d 1332 (1983)

Noland WATERS and Elsie R. Waters, Plaintiffs, v. DEUTZ CORPORATION, a corporation of the State of Florida, and Klockner-Humboldt-Deutz AG, a foreign corporation, Defendants.

Superior Court of Delaware, New Castle County.

Decided: May 12, 1983.

Attorney(s) appearing for the Case

Alan T. Boyd and Neal J. Levitsky, Bayard, Brill & Handelman, P.A., Wilmington, for plaintiffs.

Edmund N. Carpenter, II, and L. Susan Faw, Richards, Layton & Finger, Wilmington, for defendant Klockner-Humboldt-Deutz AG.

F. Alton Tybout, Tybout, Redfearn, Casarino & Pell, Wilmington, for defendant Deutz Corp.

O'HARA, Judge.

Plaintiff, Noland Waters, was injured on May 17, 1981, while employed as a longshoreman at the Port of Wilmington when a tractor that he was unloading tipped over and pinned him beneath. He initiated an action against the German manufacturer of the tractor, Klockner-Humboldt-Deutz AG ("KHD"), as well as the Florida corporation which is the exclusive distributor of this product in the United States, Deutz Corporation ("Deutz"), alleging negligent manufacture...

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