Raymond Conder and Wanda Conder v. Hull

PIVARNIK, J. This cause comes to us on Allis-Chalmers Corporation's petition to transfer from the Court of Appeals Fourth District. Appellants Raymond and Wanda Conder sued Allis-Chalmers and Hull Lift Truck, Inc., in Elkhart Circuit Court for injuries sustained by Raymond when a forklift truck he was operating overturned. Raymond was riding the forklift truck in connection with his employment by Globemaster Mobile Homes. The lift truck had been leased from Hull Lift Truck and was manufactured by Allis-Chalmers Corporation. The jury's verdict was in favor of both defendants, Hull Lift Truck and Allis-Chalmers. The Court of Appeals affirmed the judgment in favor of Hull Lift Truck but reversed the judgment in favor of Allis-Chalmers because of allegedly improper instructions given by the trial court. Conder v. Hull Lift Truck, Inc., (1980) Ind. App. , 405 N.E.2d 538. We find that the trial court was correct in all respects; accordingly we grant transfer and vacate the opinion of the Court of Appeals.