Rutherford v. Polar Tank Trailer, Inc.

OPINION

FRANKS, Judge.

In this products liability action the defendant was granted summary judgment and plaintiffs have appealed.

The injuries occurred on July 15, 1993, when plaintiff Michael Rutherford, a truck driver for Shore Truck Lines (“Shore”) was delivering molten asphalt to a division of AP.AC.-Tennessee (“APAC”) in Hayesville, North Carolina. The asphalt was transported in an insulated cylindrical trailer tank manufactured by defendant Polar Tank Trailer, Inc. (“Polar”). The tank had a lid or hatch on top and a valve on the bottom rear.

Rutherford had worked for Shore about three years…