Vineyard v. Empire MacH. Co., Inc.

OPINION

JACOBSON, Acting Presiding Judge.

The issue on this appeal from summary judgment is whether the trial court correctly found that there were no genuine issues of material fact with regard to whether a piece of heavy equipment was in a defective condition, unreasonably dangerous to the user.

The plaintiff-appellant, Jesse R. Vineyard, was involved in an accident on July 6, 1972, while operating an earth moving machine known as a scraper. This piece of equipment, a Euclid Model SS-28 Scraper, weighs approximately 20 tons and consists of a 4-wheel tractor which pulls a bottom loading 2-wheel…