Summers v. Interstate Tractor and Equipment Co.

466 F.2d 42 Dorothy V. SUMMERS, individually and as Executrix of the Estate of John M. Summers, Deceased, et al., Plaintiffs-Appellees. v. INTERSTATE TRACTOR AND EQUIPMENT CO., a corporation, Defendant-Appellant, and General Motors Corporation, a corporation, Defendant. No. 25740. United States Court of Appeals, Ninth Circuit. Aug. 18, 1972. 1 George M. Joseph (argued), of Bemis, Breathouwer & Joseph, Portland, Or., for defendant-appellant. 2 Raymond J.Conboy (argued), John Haugh, Richard Noble, of Pozzi, Wilson & Atchison, Portland, Or., for plaintiffs-appellees. 3 Before DUNIWAY and TRASK, Circuit Judges, and FERGUSON, * District Judge. FERGUSON, District Judge: 4 This appeal is from a jury verdict in a diversity action. We affirm. 5 The action was filed against Interstate Tractor and Equipment Company (Interstate) and General Motors Corporation (General Motors) for the wrongful death of the deceased. The action was tried on the theory of strict liability. The verdict was against Interstate only, and it has appealed. The appeal involves three issues: 6 (A) The sufficiency of the evidence to permit the issue of liability to go to the jury. 7 (B) The refusal of the…