Stodghill v. Fiat-Allis Construction MacHinery, Inc.

Banke, Judge.

While the appellant was using a bulldozer manufactured by the appellees to clear felled trees from a construction site, a tree jumped over the bulldozer blade and struck him in the chest. In this products liability action, he contends that the machine was defective in that it had no protective metal cage surrounding the driver’s seat and that this alleged defect was the proximate cause of his injuries. This appeal is from the grant of summary judgment to the appellees based on the doctrine of assumption of risk.

The appellant was in the employ of Woodward Construction Company at…