CATERPILLAR, INC. v. Wilhelm

OPINION

MICHAEL P. McCUSKEY, Chief Judge.

This case is before the court for ruling on the Motion for Summary Judgment (#29) filed by Defendants, Charles and Gloria Wilhelm, and the Motion for Summary Judgment (# 38) filed by Plaintiff Caterpillar, Inc. (Caterpillar). This court has carefully reviewed the arguments of the parties and the documents filed by the parties. Following this careful and thorough review, Defendants’ Motion for Summary Judgment (# 29) is GRANTED and Caterpillar’s Motion for Summary Judgment is DENIED (# 38).

FACTS

Matthew Charles Wilhelm, decedent, suffered a catastrophic…