Davis v. Caterpillar Tractor Co.

SMITH, Judge.

Defendant, Caterpillar Tractor Co. (Caterpillar), appeals a judgment awarding damages to plaintiffs, Maurice and Molly Davis. Plaintiff Maurice Davis was severely injured when a dead tree apparently fell across a D6C track tractor manufactured by Caterpillar which Davis was operating to clear debris. The jury returned verdicts finding Caterpillar liable to plaintiffs on theories of negligence and strict liability. Caterpillar contends the trial court erred in refusing to direct a verdict in its favor at the close of the evidence. It argues that, as a matter of law, its D6C…