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ALLEN v. GODAR

No. 77-5126.

476 F.Supp. 172 (1979)

ALLEN, Judith Darlene, Natural Mother and Guardian and Conservator of the Property of Jeffrey John Horney, Renee Helene Horney, Ronda Lynn Horney and Jason Allen Horney, David H. Davlin, Trustee of Jeffrey John Horney, Renee Helene Horney, Ronda Lynn Horney and Jason Allen Horney, and Wright Tree Service, Inc., All for the Use and Benefit of Fireman's Fund American Insurance Companies, Plaintiffs, v. GODAR, Ralph, d/b/a Godar Brothers Trucking Company, Defendants.

United States District Court, S. D. Illinois, Alton Division.

August 21, 1979.

Attorney(s) appearing for the Case

Gordon R. Broom, Burroughs, Simpson, Wilson, Hepler & Broom, Edwardsville, Ill., for plaintiffs.

Al J. Pranaitis, Hoagland, Maucker, Bernard & Almeter, Alton, Ill., Stephen W. Thomson, Reed, Armstrong, Gorman & Coffey, Edwardsville, Ill., for defendants.

MEMORANDUM ORDER

J. Waldo ACKERMAN, District Judge.

This civil action arises out of the death of Johnnie G. Horney. Mr. Horney was fatally injured in July of 1975 when he became trapped between logs protruding from the end of defendant's dump truck and the rear end of a winch truck engaged in loading logs on the dump truck. At the time of the accident, Mr. Horney was involved in clearing a site for the erection...

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