[Download] "Disher v. Fulgoni" by Illinois Appellate Court — First District (2Nd Division) Reversed And Remanded ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Disher v. Fulgoni
• Author : Illinois Appellate Court — First District (2Nd Division) Reversed And Remanded
• Release Date : January 01, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Defendant General Motors Corporation (GM) appealed from the order of the circuit court of St. Clair County allowing the motions of plaintiff, John Marotta, and defendant Consolidated Rail Corporation (Conrail) for a new trial. Plaintiff brought this action against his employer, Page 172 Conrail, under the Federal Employers Liability Act (45 U.S.C. sec. 51 et seq. (1976)), alleging that he suffered injuries as the result of Conrails furnishing him with a defective truck tractor; or alternatively, that Conrail had failed to properly maintain, inspect and repair the truck tractor and its battery box from which he allegedly fell. In a count based on strict product liability plaintiff sought to recover damages from GM, the manufacturer of the truck, alleging that his injuries were the result of an unreasonably dangerous condition of the battery box which existed at the time the truck tractor left GMs possession and control. The jury returned verdicts on which the circuit court refused to enter judgment because they were "inconsistent and incongruous." The appellate court denied GMs petition for leave to appeal from the order granting the new trial (94 Ill.2d R. 306), and we allowed GMs petition for leave to appeal (94 Ill.2d R. 315(a)).

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