Jones v. Caterpillar Tractor Co.

KELLY, Judge.

Caterpillar Tractor Co. appeals the judgment of the trial court entered on a jury verdict finding that it was negligent. Among other grounds for reversal, Caterpillar asserts that the trial court erred in refusing its tendered instruction on intervening cause. We agree with this contention and thus reverse.

The record reveals these facts. Doug Jones was the owner and operator of a sawmill near Grand Junction, Colorado. In 1972, Jones purchased a 920 Loader manufactured by Caterpillar to use in his sawmill business. At the time the loader was delivered to Jones in 1972, he received…