GILLESPIE v. R.D. WERNER CO.

No. 75-318.

43 Ill. App.3d 947 (1976)

357 N.E.2d 1203

BILLIE GILLESPIE, Plaintiff-Appellee, v. R.D. WERNER CO., INC., Defendant-Appellant. — (ALTON TRAILER & EQUIPMENT RENTAL COMPANY, Defendant.)

Appellate Court of Illinois — Fifth District.

Rehearing denied December 16, 1976.


Attorney(s) appearing for the Case

Wagner, Bertrand, Bauman & Schmieder, of Belleville, for appellant.

G. Edward Moorman, of Smith, Allen, Moorman & Larson, of East Alton, for appellee.


Judgment reversed.

Mr. JUSTICE JONES delivered the opinion of the court:

Plaintiff, Billie Gillespie, brought an action for personal injuries he sustained during a fall from a ladder manufactured by defendant R.D. Werner Co., Inc., and allegedly leased from codefendant Alton Trailer & Equipment Rental Co. The case proceeded to trial under alternative theories of strict liability in tort, breach of implied warranty of merchantability, and negligence. At...

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