Legal Opinion
Capitol Fuels, Inc. v. Clark Equipment Co.
West Virginia Supreme Court
Decided May 17, 1989No. 18244PublishedCited by 18 opinions
1Opinion of the Court
MILLER, Justice:
This is an appeal by Clark Equipment Company and Wright-Thomas Equipment Company, the defendants below, from a jury verdict entered in the Circuit Court of Kanawha County awarding $190,000 in damages to Capitol Fuels, Inc., the plaintiff below, for the destruction of a 475B Michigan front-end loader.
The plaintiff’s theory was that the loader was destroyed by fire when a defect in its design and manufacture caused leaks or ruptures in the hydraulic fluid lines to be sucked by the exhaust fan over the hot surfaces of the engine. The fluid ignited and the machine continued to…
2Cases cited15 opinions
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- Seely v. White Motor Co.California Supreme Court · 1965
- Santor v. a & M KARAGHEUSIAN, INC.Supreme Court of New Jersey · 1965
- Aloe Coal Company and Commercial Union Insurance Company v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1987
- Mathewson Corporation v. Allied Marine Industries, Inc., Brad Foote Gear Works, Third-PartyCourt of Appeals for the First Circuit · 1987
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3Cited by18 opinions
- Giddings & Lewis, Inc. v. Industrial Risk InsurersKentucky Supreme Court · 2011
- Bellevue South Associates v. HRH Construction Corp.New York Court of Appeals · 1991
- Trans States Airlines v. Pratt & Whitney Canada, Inc.Illinois Supreme Court · 1997
- Anderson v. Chrysler Corp.West Virginia Supreme Court · 1991
- Taylor v. Ford Motor CompanyWest Virginia Supreme Court · 1991
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