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Martinez v. Caterpillar, Inc., No. 08-2074

In an action for injuries sustained by plaintiff while attempting to inflate the right-front tire on a motor grader that was designed and manufactured by defendant, judgment for defendant is affirmed where the district court did not err in instructing the jury that defendant could not be liable if the machine's condition had "substantially changed" before the accident.

Read Martinez v. Caterpillar, Inc., No. 08-2074

Appellate Information

Filed July 16, 2009


Opinion by Judge Tacha


For Appellant:

Kevin A. Zangara, Taos, NM

For Appellee:

Jeffrey M. Croasdell, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM

W.T. Womble, Womble, Howell & Croyle, Houston, TX