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McGUIRE v. CATERPILLAR TRACTOR CO.

No. 2 CA-CIV 5481.

151 Ariz. 420 (1986)

728 P.2d 290

Steve McGUIRE, a single man, Plaintiff/Appellant, v. CATERPILLAR TRACTOR COMPANY, a California corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied July 16, 1986.

Review Denied November 4, 1986.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. by Daniel Cracchiolo, Daryl Manhart and Ian Neale, Phoenix, for plaintiff/appellant.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Silas H. Shultz, Timothy Berg, Cathy A. Piha and Rosemary J. Shockman, Phoenix, for defendant/appellee.

FERNANDEZ, Judge.

Appellant Steve McGuire was severely burned on May 29, 1979, while he was operating a Caterpillar 988 front-end loader. His action against the manufacturer, Caterpillar Tractor Company (the only defendant), was tried to a jury on a strict liability theory of defective design in the routing of the main hydraulic hose, and the jury found for McGuire in the amount of $650,000. The court granted Caterpillar's motion for judgment notwithstanding the verdict...

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