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MATA v. CLARK EQUIPMENT CO.

No. 76-1667.

58 Ill. App.3d 418 (1978)

374 N.E.2d 763

LAZARDO MATA, Plaintiff-Appellee, v. CLARK EQUIPMENT COMPANY, Defendant-Appellant and Third-Party Plaintiff-Appellee. — (ROBERT A. BERNER & COMPANY, d/b/a Vegetable Packing House, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 7, 1978.

Attorney(s) appearing for the Case

French and Rogers, of Chicago (Richard G. French and Michael C. Kominiarek, of counsel), for appellant Clark Equipment Company.

Sweeney and Riman, Ltd., of Chicago (Elliot R. Schiff, of counsel), for appellant Robert A. Berner & Company.

Reed, Lucas & Doherty, of Chicago (Scoby, Biggam & Lunding, P.C., of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE DOWNING delivered the opinion of the court:

Plaintiff, Lazaro Mata (Mata) commenced this action for strict liability in tort against Clark Equipment Company (Clark) for injuries he sustained while operating a Clark forklift truck at the Vegetable Packing House (packing house) in Chicago on November 22, 1971. Clark commenced a third-party proceeding (Ill. Rev. Stat. 1975, ch. 110, par. 25) for indemnity against the owner of the...

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