Robert Allen Brown and Lola v. Brown, Wife v. Caterpillar Tractor Company, a Corporation

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

INTRODUCTION

In August 1978, Robert Brown became a member of the United States Army Reserve and, as part of his training, began learning how to operate a tractor-bulldozer. Initially, the training involved observation from the “buddy” seat to the right and forward of the operator’s seat, which was not equipped with a protective canopy. While the tractor-bulldozer was being used to clear land — specifically, to push a pile of materials that included two trees — one of the trees came over the blade and over the top of the vehicle and struck him. Brown…