Kline v. J. I. Case Co.

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge.

Plaintiff Jacqueline Kline was severely injured in October, 1979, by a farm combine being used by her husband, plaintiff Roy Kline. Although the Klines had bought the machine only one week before the accident, it had been manufactured by defendant J. I. Case in May, 1940, and sold to its first purchaser on June 14, 1941.

Count I of plaintiffs’ complaint is based on strict tort liability. Count II is the husband’s claim for loss of consortium, based on the same theory. Counts III and IV are for breach of warranty and Counts V and VI are…