Fitzgerald v. Caterpillar Tractor Co.

OPINION

JORDAN, Justice.

Appellant sued Towmotor Corporation and Caterpillar Tractor Company, the manufacturer and seller of a Towmotor Model T50B forklift alleging an injury on August 3, 1977, when the blade of the forklift became disengaged from the carriage and fell on appellant’s foot. The forklift in question was delivered to Ryder Truck Lines, Fitzgerald’s employer on February 25, 1974. The suit was based only on alleged breach of the implied warranty of fitness. Appellees filed motion for summary judgment claiming that there was no fact issue raised regarding an implied warranty of…