MACK TRUCKS v. CONKLE

S93A0725, S93A0726.

263 Ga. 539 (1993)

436 S.E.2d 635

MACK TRUCKS, INC. v. CONKLE et al. STATE OF GEORGIA v. CONKLE et al.

Supreme Court of Georgia.

Decided November 22, 1993.


Attorney(s) appearing for the Case

Webb, Carlock, Copeland, Semler & Stair, Robert C. Semler, William T. Clark, Julianne L. Swilley, for appellant (case no. S93A0725).

Michael J. Bowers, Attorney General, Michael E. Hobbs, Deputy Assistant Attorney General, for appellant (case no. S93A0726).

Evans & Evans, Larry Keith Evans, Chambers, Mabry, McClelland & Brooks, Eugene C. Bessent, Lane, O'Brien, Caswell & Taylor, Richard L. Ormand, for appellees.

Butler, Wooten, Overby & Cheeley, James E. Butler, Jr., Robert D. Cheeley, Albert M. Pearson III, Patrick A. Dawson, amici curiae.


CLARKE, Chief Justice.

Appellee Daniel Conkle was injured in October 1988, after the tractor trailer truck he was driving overturned when its right frame rail broke. Conkle and his wife filed suit against appellant Mack Trucks, Inc. (Mack), the manufacturer of the truck, alleging that the frame rail broke as the result of a fatigue crack, and that Mack was liable under product liability theories of strict liability and negligence. Additionally, the appellees sued...

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