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BACHMEIER v. WALLWORK TRUCK CENTERS

Civil No. 950181.

544 N.W.2d 122 (1996)

John E. BACHMEIER, and Mildred Bachmeier, the Surviving Father and Mother of Steven Michael Bachmeier, Decedent, and the Estate of Steven Michael Bachmeier, Deceased, Plaintiffs and Appellants, v. WALLWORK TRUCK CENTERS, Defendant, and Kenworth Truck Company, a Division of Paccar, Inc., Defendant and Appellee.

Supreme Court of North Dakota.

February 29, 1996.

Attorney(s) appearing for the Case

Michael Ward of Eaton, Van de Streek & Ward, Minot, for plaintiffs and appellants.

Christine A. Hogan of Zuger, Kirmis & Smith, Bismarck, for defendant and appellee.

SANDSTROM, Justice.

Steven Bachmeier was killed when the semi-truck in which he was a passenger crashed as a result of a failing hub. The hub at issue was destroyed subsequent to a settlement in a previous wrongful death action. Steven's parents, the Bachmeiers, then brought this action against the manufacturers, collectively referred to as PACCAR. The district court granted PACCAR summary judgment, holding PACCAR's defense was prejudiced by the lack of the hub in...

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