Hill v. Clark Equipment Co.

Pursuant to a grant of rehearing dated March 15, 1978, we are persuaded, albeit reluctantly, that, adhering to our previous decisions that Alabama law applies in this case, we must reverse and remand for trial on Count IV of plaintiff’s complaint alleging strict liability in tort under 2 Restatement Torts, 2d, § 402A, pp 347-348, because that issue has been properly preserved by plaintiff’s presentation and representation of same both to the lower court and to this Court.

We reiterate the finding expressed in our order of March 15, 1978, that under the Alabama cases of Casrell v Altec…