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McDANIEL v. TRIAL KING INDUSTRIES, INC.

No. 99 C-6539.

248 F.Supp.2d 749 (2002)

Joe McDANIEL, Plaintiff, v. TRAIL KING INDUSTRIES, INC.; and Werner, Inc., Defendants. Trail King Industries, Inc., Defendant/Third-Party, Plaintiff, Mr. Bult's, Inc.; Shred-All Recycling Systems, Inc.; and Wagner Tarps, Third-Party Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 12, 2002.

Attorney(s) appearing for the Case

Jeffrey Mark Friedman, Brian Richard Holman, Friedman & Holman, Chicago, IL, for Plaintiffs.

Roger Pascal, Joseph J. O'Hara, Jr., Daniel Scott Brennan, Schiff, Hardin & Waite, Michael Joseph Meyer, Tribler, Orpett & Crone, Chicago, IL, for Defendant/Cross-Claimant/Third-Party Plaintiff/Cross-Defendant.

Eric L. Samore, Patricia M. Buffo, Morfia J. Komotos, O'Hagan, Smith & Amundsen, L.L.C., Chicago, IL, for Defendant.

John D. Kuhn, Scott M. Salerno, Fedota, Childers & Rocca, P.C., Chicago, IL, for Proposed.

Paul P. Pobereyko, Cremer, Kopon, Shaughnessy & Spina, James L. Pittman, Grant, Ross & Pittman, Chicago, IL, Jon Allan Duncan, Gene L. Armstrong & Associates, P.C., Oak Park, IL, for Third-Party Defendants.

MEMORANDUM OPINION AND ORDER

ST. EVE, District Court Judge.

Plaintiff Joe McDaniel fell off of a tipper trailer that he was using to haul municipal waste. As a result of the fall, McDaniel's leg was amputated. Among the parties that McDaniel sued in this diversity action was the manufacturer of the trailer, Trail King Industries, Inc. ("Trail King"), on theories of strict liability, negligence and breach...

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