Legal Opinion

Brock v. Caterpillar, Inc.

Court of Appeals for the Sixth Circuit

Decided August 26, 1996No. Nos. 94-5077, 94-5078PublishedCited by 18 opinions

1Opinion of the CourtWellford, J., joined by Merritt, C.J.,

KEITH, J. (pp. 226-27), delivered a separate opinion concurring in part and dissenting in part.

WELLFORD, Circuit Judge.

Plaintiff, Gary Wayne Brock, was a longtime bulldozer operator for Nally & Hamilton (“N & H”), a reclamation company doing work in coal mining areas in mountainous Harlan County, Kentucky. In June of 1990, Brock began work on a “high wall” where strip mining had taken place.1 Brock normally operated a Caterpillar model D8L bulldozer, but on one particular day, N & H assigned him to a larger model D9H, which was also manufactured by defendant Cater*222pillar, Inc. (“Caterpillar”).…

2Cases cited8 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Montgomery Elevator Co. v. McCullough Ex Rel. McCulloughKentucky Supreme Court · 1984
  3. Jones v. Hutchinson Manufacturing, Inc.Court of Appeals of Kentucky (pre-1976) · 1973
  4. Nichols Ex Rel. Nichols v. Union Underwear Co.Kentucky Supreme Court · 1980
  5. Dierschke v. O'CheskeySupreme Court of the United States · 1991

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3Cited by18 opinions

  1. Morales v. American Honda Motor Co.Court of Appeals for the Sixth Circuit · 1998
  2. prod.liab.rep. (Cch) P 15,329 Pamela Morales, Guardian of Gary Thompson Bank of the Bluegrass and Trust Co., Conservator of Gary Thompson, Plaintiffs-Appellees/cross-Appellants v. American Honda Motor Co., Inc. Honda Motor Co., Ltd. Honda R&d Co., Ltd., Defendants-Appellants/cross-Appellees v. Pamela Morales, Third-PartyCourt of Appeals for the Third Circuit · 1998
  3. prod.liab.rep. (Cch) P 14,812 Jackie Tipton v. Michelin Tire Company, Kelsey-Hayes CompanyCourt of Appeals for the Sixth Circuit · 1996
  4. Malcolm v. EVENFLO CO., INC.Montana Supreme Court · 2009
  5. Connie Thacker v. Ethicon, Inc.Court of Appeals for the Sixth Circuit · 2022

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