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THOMAS v. AETNA CASUALTY & SURETY CO.

No. 12232.

28 Ill. App.3d 363 (1975)

328 N.E.2d 374

MARK THOMAS et al., Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY COMPANY et al., Defendants-Appellees. — STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Cross-Appellant and Cross-Appellee, v. KEVIN B. O'BRIEN et al., Defendants (KEVIN B. O'BRIEN et al., Cross-Appellants.) — KEVIN B. O'BRIEN et al., Third-Party Plaintiffs-Appellees, v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Third-Party Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

May 8, 1975.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Springfield (Gary M. Peplow, of counsel), for appellants Mark Thomas and Phoenix Assurance Company of New York.

Ben K. Miller, of Springfield, for appellant Commercial Union Insurance Company of New York.

Alfred F. Newkirk, of Giffin, Winning, Lindner, Newkirk and Cohen, of Springfield, for appellee Aetna Casualty & Surety Company.

Edward F. Casey, of Casey & Casey, of Springfield, for appellees Kevin B. O'Brien, Teresa M. O'Brien, and Timothy O'Brien.

R.G. Heckenkamp, of Heckenkamp & Fuiten, of Springfield, for appellee State Farm Mutual Automobile Insurance Company.

Judgment affirmed.

Mr. JUSTICE TRAPP delivered the opinion of the court:

Campbell, Thomas and O'Brien are defendants in a personal injury action brought by Cynthia Blanford. This complaint alleges that the several individuals were attending a school party held at a private home. In brief, as Campbell was leaving in his car to go to work, Thomas and O'Brien mounted the front fender or hood of the car, one on either side facing forward, and while the car traveled...

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