Falcon Coal Co. v. Clark Equipment Co.

WILHOIT, Judge.

This appeal is from a summary judgment by the Breathitt Circuit Court holding that the appellee, Clark Equipment Company, was not liable to the appellant, Falcon Coal Company, on a theory of strict liability in tort for damages in the amount of $140,-000.00 due to the destruction by fire of a front-end loader manufactured and sold by the appellee to the appellant.

The only question raised as phrased by the appellant is whether it may recover from the appellee manufacturer “in a product liability tort action based upon the doctrine of strict liability where the subject damage is…