Omark Industries, Inc. v. Alewine

Banke, Judge.

We granted an interlocutory appeal in this products liability case to review the denial of the defendants’ motion for summary judgment. The plaintiff alleged in his complaint that he was injured as the proximate result of a defect in a hydraulic loader manufactured by the defendants. It appears from the briefs and from a reference in an affidavit contained in the record that the plaintiff died subsequent to filing suit but prior to the denial of the motion for summary judgment. However, no suggestion of death has been formally entered upon the record, and no one has been…