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FUGATE v. SEARS, ROEBUCK & CO.

No. 54476.

12 Ill. App.3d 656 (1973)

299 N.E.2d 108

SCOTT LITTON FUGATE, Plaintiff-Appellee and Cross-Appellant, v. SEARS, ROEBUCK AND COMPANY, et al., Defendants-Appellees and Cross-Appellees — (G.W. PEARCE, Third-Party Plaintiff-Appellant and Defendant-Appellant, v. SEARS, ROEBUCK AND COMPANY, et al., Third-Party Defendants-Appellees and Cross-Appellees.)

Appellate Court of Illinois — First District (5th Division).

June 8, 1973.

Attorney(s) appearing for the Case

Goldsmith, Dyer, Thelin & Schiller, of Aurora, (Richard D. Schiller, of counsel,) for appellant G.W. Pearce.

Harry I. Parsons, of Chicago, (Robert J. Nye and Sandra G. Nye, of counsel,) for appellees Sears, Roebuck & Company and A.O. Smith Corporation.

Horwitz, Anesi & Ozmon, of Chicago, and Dario A. Garibaldi, of Flossmoor, (Nat P. Ozmon, of counsel,) for appellee Scott Litton Fugate.

Seyfarth, Shaw, Fairweather & Geraldson, of Chicago, for appellee Northern Illinois Gas Company.

Judgments affirmed.

Mr. PRESIDING JUSTICE DRUCKER delivered the opinion of the court:

Plaintiff, Scott Litton Fugate, was severely injured by the explosion of a gas hot water heater located in the basement of an apartment building at 424 Clark Street in Aurora, Illinois. At the time he was in a second-floor apartment located directly above the heater. His complaint as amended contained a count of strict liability against defendants A.O. Smith Corporation,...

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