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Ogle v. Caterpillar Tractor Company

716 P.2d 334 (1986)

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Ogle v. Caterpillar Tractor Company

Wyoming Supreme Court

716 P.2d 334 (1986)

Facts

The employer of Timothy Ogle (plaintiff) bought a Caterpillar Tractor Company (Caterpillar) (defendant) scraper from dealer Wyoming Machinery Company (defendant). Ogle fell from the scraper and was injured. Exactly four years later, Ogle sued Wyoming Machinery and Caterpillar for negligence, breach of warranty, and strict liability. Ogle alleged Wyoming Machinery and Caterpillar represented that the scraper could do its intended job safely although it was unsafe for its use. Ogle also alleged that the scraper had inadequate hand grips, toe holds, and nonskid surface material, and that he was injured because of those defects. Wyoming Machinery and Caterpillar argued that strict liability was not a cause of action in Wyoming. The district court granted Caterpillar and Wyoming Machinery summary judgment, holding that the statutes of limitation barred Ogle’s claims for negligence and breach of warranty, and that the suit could not be sustained because the scraper was altered after leaving the manufacturer’s and dealer’s hands. Ogle appealed.

Rule of Law

Issue

Holding and Reasoning (Cardine, J.)

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