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WIRTH v. CLARK EQUIPMENT COMPANY

No. 25293.

457 F.2d 1262 (1972)

Wilkes WIRTH, Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 18, 1972.

Attorney(s) appearing for the Case

Raymond J. Conboy (argued), Frank Pozzi, of Pozzi, Wilson & Atchison, Portland, Or., for plaintiff-appellant.

Roland F. Banks, Jr. (argued), James F. Spiekerman, of Souther, Spaulding, Kinsey, Williamson & Schwabe, John R. Brooke, Portland, Or., for defendant-appellee.

Before HAMLIN and MERRILL, Circuit Judges, and GRAY, District Judge.

WILLIAM P. GRAY, District Judge.

The plaintiff in this diversity action was a longshoreman on the waterfront at Portland, Oregon, whose duties required him to work as a part of a crew attending a thirty-ton motor driven wheeled vehicle, known as a van carrier, which ran over him, thereby inflicting severe injuries that included the loss of a leg. Defendant Clark Equipment Company had manufactured the van carrier and had sold it to Matson Navigation Company, in whose...

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