Davenport v. Cummins Alabama, Inc.

Ellington, Judge.

Benny Davenport filed this action against Cummins Alabama, Inc., Precision Husky Corporation, Bristol Timber Company, and Bobby Moore (Bristol Timber’s president) for injuries he suffered after a whole tree chipper he was operating caught fire. Cummins Alabama moved for summary judgment, arguing that it cannot be held strictly liable because it did not manufacture the allegedly defective chipper and that it had no duty to discover any defect. Cummins Alabama also moved to strike the expert affidavit Davenport filed in opposition to the summary judgment motion. The trial court…