Koss Construction v. Caterpillar, Inc.

Royse, J.:

This is a products liability action. Koss Construction Co. (Koss) sued Caterpillar, Inc. (Caterpillar) and Martin Tractor Company, Inc. (Martin) for damages to a Caterpillar roller caused by an allegedly defective part. Caterpillar filed a motion for judgment on die pleadings, which the district court granted. Koss appeals from that decision.

A motion for judgment on the pleadings is based upon the ground that the moving party is entided to a judgment on the face of the pleadings themselves. In considering a defendant’s motion for judgment on the pleadings, the question is whether,…