[DOWNLOAD] "Branch v. European Autohaus" by Illinois Appellate Court — First District (1St Division) Appeal Dismissed * Book PDF Kindle ePub Free
eBook details
- Title: Branch v. European Autohaus
- Author : Illinois Appellate Court — First District (1St Division) Appeal Dismissed
- Release Date : January 22, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In 1972 plaintiff Radosta, while driving on the Calumet Expressway, lost control of his truck and collided with a car driven by Patrick Millette. Millette sued Radosta in negligence and the manufacturer and seller of the truck in strick liability and (as to the dealer) negligence and (as to the manufacturer) wilful and wanton conduct because the steerage in Radostas truck was defective and this defect was known to the manufacturer. Radosta counterclaimed against the dealer and manufacturer in both strict liability and negligence for the damage to the truck. He did not file a third-party complaint against either the dealer or the manufacturer for indemnification for any liability he might sustain in Millettes action against him although such third-party action was permitted by section 25(2) of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 25(2)). The jury returned verdicts for Millette and against all three defendants, and for Radosta and against the dealer and manufacturer. This court affirmed in Millette v. Radosta (1980), 84 Ill. App.3d 5, 404 N.E.2d 823, appeal denied (1980), 81 Ill.2d 593. Among other issues, the court ruled that the verdicts for and against Radosta were not inconsistent since while, as Radosta admitted, if he was so negligent as to be liable to Millette he could not recover on his own claim in negligence, he could still recover in strict liability.