United States Tenth Circuit

In an action for injuries sustained by Plaintiff while attempting to inflate the right-front tire on a motor grader that was designed and manufactured by Defendant, judgment for Defendant is affirmed, where the District Court did not err in instructing the jury that Defendant could not be liable if the machine's condition had "substantially changed" before the accident.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• TACHA, Circuit Judge., Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kevin A. Zangara, Taos, NM, appearing for Appellant.


• For Appellees:
  
• Jeffrey M. Croasdell, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM (Edward Ricco and Jocelyn Drennan, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM;  and W.T. Womble, Womble, Howell & Croyle, Houston, TX, with him on the brief), appearing for Appellee.