Reed v. Amf Western Tool, Inc.

431 F.2d 345 Frank C. REED and Christine Reed, husband and wife, Appellees, v. AMF WESTERN TOOL, INC., a corporation, American Machine and Foundry Company, a corporation, and Turf Equipment Company, a corporation, Appellants. No. 24486. United States Court of Appeals, Ninth Circuit. Aug. 13, 1970. John L. Runft and Richard B. Kading (argued), Eberle & Berlin, Graydon W. Smith, Boise, Idaho, for appellants. Eugene C. Thomas (argued), Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for appellees. Before HAMLEY, DUNIWAY and WRIGHT, Circuit Judges. HAMLEY, Circuit Judge: 1 Frank C. Reed and his wife brought this diversity suit against the named defendants to recover damages for personal injuries and property loss sustained in a highway accident. The accident occurred when a lumber truck struck a 'runaway' snowmobile which Reed had pursued onto the highway. Defendant American Machine and Foundry Company (AMF) 1 was the manufacturer and defendant Turf Equipment Company (Turf) was the sales distributor of the snowmobile in question. 2 Plaintiffs sought damages from AMF as designer and manufacturer of the snowmobile and from Turf as distributor, on the theories of strict…