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UTAH INTERN. v. CATERPILLAR TRACTOR

No. 10137.

775 P.2d 741 (1989)

108 N.M. 539

UTAH INTERNATIONAL, INC. and Employers Insurance of Wausau, Plaintiffs-Appellants, v. CATERPILLAR TRACTOR COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 18, 1989.

Attorney(s) appearing for the Case

Michael Morow, Walter R. Kegel, Kegel Law Firm, P.C., Espanola, Roger D. Higgins, Beth D. Bradley, Franklin H. Perry, Thompson, Coe, Cousins & Irons, Dallas, Tex., for plaintiffs-appellants.

Kenneth L. Harrigan, Timothy R. Van Valen, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellee.

OPINION

MINZNER, Judge.

Plaintiffs appeal from the district court's order granting defendant's motion to dismiss for failure to state a claim. Plaintiffs' amended complaint sought tort damages under theories of strict liability and negligence for injury to a coal hauler which plaintiff Utah International bought from defendant.

Defendant contended in its motion to dismiss that plaintiffs' losses were not recoverable in a tort action. We agree.

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