Perry W. Orfield v. International Harvester Company and Power Equipment Company

This is an appeal from a directed verdict for the defendants granted at the close of the plaintiff’s proof in a products liability action. Jurisdiction of the district court was properly invoked under 28 U.S.C. § 1332 because of diversity of citizenship and the requisite jurisdictional amount.

Plaintiff Perry W. Orfield had worked for many years as an operator of heavy equipment and had operated bulldozers both with and without steel canopy guards. On September 8, 1972, while in the employ of Wilson and Clark, Inc., he was directed by his foreman to use a particular bulldozer to windrow, or…