Leon West, Individually and as Personal Representative of the Estate of Gwendolyn West, Deceased v. Caterpillar Tractor Company, Inc.

GEE, Circuit Judge:

This appeal presents important issues of modern tort principles which are particularly appropriate for resolution by the Florida Supreme Court. Broadly the questions include (1) whether Florida has adopted strict liability as defined by the Restatement of Torts, § 402A and/or as defined by the district court in its instructions to the jury, compare McLeod v. W. S. Merrell Co., 174 So.2d 736 (Fla.1965) with Royal v. Black and Decker Manuf. Co,, 205 So.2d 307 (Fla.App. — 3d. Dist. — 1967) and Keller v. Eagle Army-Navy Dept. Stores, Inc., 291 So.2d 58 (Fla.App. — 4th Dist. —…