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FITZGERALD v. CATERPILLAR TRACTOR CO.

No. 2-84-135-CV.

683 S.W.2d 162 (1985)

Clyde Wayne FITZGERALD, Appellant, v. CATERPILLAR TRACTOR COMPANY and Towmotor Corporation, Appellees.

Court of Appeals of Texas, Fort Worth.

January 10, 1985.

Attorney(s) appearing for the Case

Denbow, Wells, Williford & Felber, and Mike Felber, Fort Worth, for appellant.

Thompson & Knight, and Stephen C. Schoettmer, Dallas, for appellees.

Before JORDAN, HUGHES, JOE SPURLOCK, II, and HILL, JJ.

OPINION

JORDAN, Justice.

Appellant sued Towmotor Corporation and Caterpillar Tractor Company, the manufacturer and seller of a Towmotor Model T50B forklift alleging an injury on August 3, 1977, when the blade of the forklift became disengaged from the carriage and fell on appellant's foot. The forklift in question was delivered to Ryder Truck Lines, Fitzgerald's employer on February 25, 1974. The suit was based...

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