PRATHER v. CATERPILLAR TRACTOR CO., INC.

No. 87-314.

526 So.2d 1325 (1988)

John Burley PRATHER, Plaintiff-Appellant, v. CATERPILLAR TRACTOR COMPANY, INC. and Boyce Machinery Corporation, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 11, 1988.


Attorney(s) appearing for the Case

Bruce A. Gaudin, Opelousas, plaintiff-appellant.

McGlinchey, Stafford & Mintz, C.G. Norwood, Jr., New Orleans, Mathews, Atkinson, Guglielmo, Marks & Day, Judith R. Atkinson, Baton Rouge, Raggio, Cappel, Chozen & Berniard, M. Keith Prudhomme, Lake Charles, defendants-appellees.

Before DOMENGEAUX and GUIDRY, JJ., and REGGIE, J. Pro Tem.


GUIDRY, Judge.

This is a products liability case. John Burley Prather allegedly injured himself on December 3, 1982, when he slipped while attempting to climb into a Caterpillar Model 215 Excavator at the Clifton Ridge Terminal belonging to Conoco, Inc. The accident occurred in Calcasieu Parish, Louisiana. Prather brought this products liability suit against Caterpillar Tractor Company, Inc. (hereafter Caterpillar), the manufacturer of the excavator, and Boyce Machinery...

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