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WESTFALL v. CATERPILLAR, INC.

No. 18190.

821 P.2d 973 (1991)

120 Idaho 918

Karla D. WESTFALL, individually, and Karla D. Westfall as Guardian Ad Litem for Shaun Christopher Westfall, and Krista Dawn Westfall, Minor Children, Plaintiffs-Respondents, v. CATERPILLAR, INC., Successor in Interest to Caterpillar Tractor Company, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1990 Term.

November 26, 1991.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for appellants. R.B. Rock argued.

Elam, Burke & Boyd, Boise, for respondents. Robert M. Tyler argued.

BISTLINE, Justice.

Chris Westfall was windrowing brush with a log skidder manufactured by Caterpillar when a relatively small tree, known in the logging industry as a jillpoke, pierced the metal frame of the brush guard on the skidder, entered the operator's compartment, and dealt a fatal injury to Mr. Westfall's head. Westfall's surviving heirs filed a complaint against Caterpillar, alleging strict products liability, negligent failure to warn, and negligent design...

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