10th Circ. Revives Product Liability Suit V. Caterpillar

Law360, New York (December 4, 2008, 12:00 AM EST) -- A federal appeals court on Wednesday reversed a district court's dismissal of an asphalt worker's product liability case against Caterpillar Inc. in connection with a 2004 paving project accident.

The dispute, in the U.S. Court of Appeals for the Tenth Circuit, centered on whether, as a matter of law, there was a “hidden defect” in a piece of asphalt-paving equipment called a screed that would except the lawsuit from a seven-year product liability statute of repose under Colorado law.

The parties did not dispute that the...
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