Gammon v. Clark Equipment Co.

The only issue accepted in this wrongful death products liability appeal is whether the trial court abused its discretion in refusing to allow a jury instruction which stated a seller or supplier could be strictly liable even if it used reasonable care in preparation and marketing of a product.

On October 13, 1978, Richard G. Gammon was killed *615when a Bobcat 720 loader which he was operating overturned. Although there were no eyewitnesses, the record reflects that the Bobcat's arms were fully extended and Gammon was operating on a 25-degree slope.

The Bobcat and its backhoe were manufactured by…