MOHRDIECK v. VILLAGE OF MORTON GROVE

No. 80-1090.

94 Ill. App.3d 1021 (1981)

419 N.E.2d 517

GREGORY MOHRDIECK, a Minor, by William A. Mohrdieck, his Father and Next Friend, Plaintiff, v. THE VILLAGE OF MORTON GROVE, Defendant and Third-Party Plaintiff-Appellant. — (ELGIN SWEEPER COMPANY et al., Third-Party Defendants-Appellees.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 30, 1981.


Attorney(s) appearing for the Case

Jerome H. Torshen and Abigail K. Spreyer, both of Jerome H. Torshen, Ltd., and Garretson & Santora, both of Chicago, for appellant.

Wildman, Harrold, Allen & Dixon, of Chicago, for appellees.


Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

The Village of Morton Grove, defendant and third-party plaintiff, appeals from the dismissal of its complaint against Elgin Sweeper Company, third-party defendant. On appeal, the Village argues that (1) there was no misuse by the Village which would support the trial court's dismissal of the indemnity action; (2) misuse by a third party did not constitute a defense for Elgin; (3) the...

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