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COUCH v. ASTEC INDUSTRIES, INC.

No. 21,214.

53 P.3d 398 (2002)

132 N.M. 631

2002-NMCA-084

Tom COUCH and Emily Couch, Plaintiffs-Appellees/Cross-Appellants, v. ASTEC INDUSTRIES, INC., Southwest Crane, Inc., and Joseph Williams, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari denied August 1, 2002.

Attorney(s) appearing for the Case

David L. Plotsky, Plotsky & Dougherty, P.C., Albuquerque, NM, for Appellees/Cross-Appellants.

W. Jeffrey Hollingsworth, Alicia Brown Oliver, Chambliss, Bahner & Stophel, P.C., Chattanooga, TN, Charles A. Pharris, Keleher & Mcleod, P.A., Albuquerque, NM, for Appellants/Cross-Appellees.

Certiorari denied, No. 27,597, August 1, 2002.

OPINION

FRY, Judge.

{1} Plaintiff Tom Couch was seriously injured in the course of his employment when his foot was caught in a tail pulley on an asphalt recycling plant manufactured by Defendant Astec Industries, Inc. Plaintiff sued Defendant for strict product liability and negligence, and Plaintiff's wife sued for loss of consortium. The jury found Defendant liable, and, taking into account...

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