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MARTINEZ v. CATERPILLAR, INC.

No. 08-2074.

572 F.3d 1129 (2009)

Andrew MARTINEZ, Plaintiff-Appellant, v. CATERPILLAR, INC., an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 16, 2009.

Attorney(s) appearing for the Case

Kevin A. Zangara, Taos, NM, appearing for Appellant.

Jeffrey M. Croasdell, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM (Edward Ricco and Jocelyn Drennan, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM; and W.T. Womble, Womble, Howell & Croyle, Houston, TX, with him on the brief), appearing for Appellee.

Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellant Andrew Martinez suffered serious injuries while attempting to inflate the right-front tire on a motor grader that was designed and manufactured by Caterpillar Inc. ("Caterpillar"). Mr. Martinez sued Caterpillar on theories of negligence and strict products liability, and the case went to trial. By special verdict, the jury found that Caterpillar was not negligent and that the motor grader was not defective. On appeal, Mr....

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