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CAPITOL FUELS, INC. v. CLARK EQUIPMENT

No. 18244.

382 S.E.2d 311 (1989)

CAPITOL FUELS, INC. v. CLARK EQUIPMENT CO. and Wright-Thomas Equipment Co.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 20, 1989.

Attorney(s) appearing for the Case

Barney W. Frazier, Harry F. Bell, Jr., Kay, Casto & Chaney, Charleston, for appellants.

Charles E. Hurt, Charleston, for appellee.

MILLER, Justice:

This is an appeal by Clark Equipment Company and Wright-Thomas Equipment Company, the defendants below, from a jury verdict entered in the Circuit Court of Kanawha County awarding $190,000 in damages to Capitol Fuels, Inc., the plaintiff below, for the destruction of a 475B Michigan front-end loader.

The plaintiff's theory was that the loader was destroyed by fire when a defect in its design and...

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