Brown v. Clark Equipment Co.

OPINION OF THE COURT BY

KOBAYASHI, J.

This is an appeal from the special verdict of the jury and the judgment of the court below by Albert Keith Brown, et al., plaintiffs-appellants (hereinafter Brown) and Clark Equipment Company, defendant-appellant (hereinafter Clark Equipment or Clark). The litigation below involved an action in tort (sounding in negligence and in strict liability) for the wrongful death of Barbara A. Brown caused by the impact of a heavy vehicle (a front-end rubber-tired shovel loader, weighing 35 plus tons) operated by an employee of Ward Foods, Inc., defendant-appellee,…