WILKEN v. INTERNATIONAL HARVESTER CO.

No. 82-1182.

701 F.2d 730 (1983)

Charles WILKEN and LaVerle Wilken, Appellees, v. INTERNATIONAL HARVESTER CO., a Delaware Corporation, Appellant. TRAFFIC TRANSPORT ENGINEERING, INC., a Michigan Corporation, v. CLARK TRANSPORT COMPANY, INC., a Foreign Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1983.


Attorney(s) appearing for the Case

Peterson, Gray, Sheahan & Healey, Ltd., Michael J. Healey, St. Paul, Minn., John F. Ebner, St. Paul, Minn., for appellees.

Lasley, Gaughan, Stich & Angell, P.A., Robert T. Stich, Minneapolis, Minn., for appellee Clark Transport Co., Inc.

Gray, Plant, Mooty, Mooty & Bennett, Richard A. Bowman, George W. Soule, Minneapolis, Minn., for appellant.

Before ROSS and FAGG, Circuit Judges, and SCHATZ, District Judge.


ROSS, Circuit Judge.

Appellant International Harvester Company (IH) appeals from a judgment entered pursuant to an adverse jury verdict in a products liability action. The principal issues raised by IH on appeal are: 1) whether appellee, Charles Wilken, constitutes a "user" of the product within the meaning of Section 402A of the Restatement (Second) of Torts; and 2) whether the district court erred in denying IH's claim...

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