Ken Bache v. Caterpillar, Inc., a Delaware Corporation

972 F.2d 1336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ken BACHE, Plaintiff-Appellant, v. CATERPILLAR, INC., a Delaware corporation, Defendant-Appellee. No. 90-35548. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. * Decided July 24, 1992. Before ALARCON, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ken Bache ("Bache") appeals from the judgment following a jury trial denying recovery for injuries he sustained while operating a tractor manufactured by Caterpillar, Inc. ("Caterpillar"). Bache contends that the district court committed reversible error when it refused his proposed instruction on Montana's strict liability law. We disagree and affirm. I. 3 Bache suffered head injuries on November 26, 1985, while using a Caterpillar D6C tractor in a logging operation. Although the exact cause of Bache's injury is unknown, it is likely that he was struck when the tractor he was operating ran over a fallen tree flipping the trunk up and…