Bailey v. Lewis Farm, Inc.

*278KISTLER, J.

The axle failed on a used tractor-trailer that May Trucking Company (defendant) had sold to another entity approximately a year earlier. As a result of the axle’s failure, the tractor-trailer’s wheels came off, bounced across the road, and hit plaintiffs vehicle in the oncoming lane of traffic, resulting in substantial injuries to plaintiff. Plaintiff sued, alleging that defendant’s negligent maintenance of the axle during the time that it had owned the tractor-trailer was a substantial cause of the axle’s failure. Defendant moved to dismiss plaintiffs complaint against it,…