DeLay v. Marathon LeTourneau Sales & Service Co.

Plaintiff through his guardian ad litem brought this action for injuries he sustained on May 27, 1977, when he fell from a log stacker manufactured and sold by defendants. As the basis of his cause of action plaintiff alleges that the log stacker was dangerously defective because it contained no cage or safety device to prevent plaintiff’s fall and that defendants were negligent in selling the log stacker to his employer, the Stimson Lumber Company, in that condition.

The trial court entered judgment for defendants on their motion for summary judgment on the ground that the statute of ultimate…