Dayton Walther Corp. v. Caldwell

PIVARNIK, Justice.

This cause comes to us on a petition to transfer by Plaintiff-Appellee, Rhonda Sue Caldwell, from the Court of Appeals. Plaintiff Caldwell was severely injured in an accident on August 29, 1974. On that date, Terry Fowler was driving a truck owned by his father, Billy Fowler, along State Road 28, in Delaware County. Attached to the truck was an empty three-axle heavy equipment trailer, which had been manufactured by Dayton Walther and purchased by Fowler from Stockberger Machinery, Inc. As the trailer passed over a bump in the highway, it became disconnected from the truck…