THOMAS v. KAISER AGRICULTURAL CHEMICALS

Nos. 15069, 15124 cons.

74 Ill. App.3d 522 (1979)

392 N.E.2d 1142

RONALD D. THOMAS, Plaintiff-Appellee, v. KAISER AGRICULTURAL CHEMICALS, Defendant-Appellant and Counterplaintiff-Appellee-Appellant. — (CERTIFIED EQUIPMENT AND MANUFACTURING COMPANY, Defendant-Appellee-Counterdefendant-Appellee and Third-Party Plaintiff; OPW CORPORATION, Third-Party Defendant and Counterdefendant-Appellant.) — RONALD D. THOMAS, Plaintiff-Appellee, v. KAISER AGRICULTURAL CHEMICALS, Defendant and Counterplaintiff-Appellee. — (CERTIFIED EQUIPMENT AND MANUFACTURING COMPANY, Defendant-Counterdefendant and Third-Party Plaintiff-Appellee-Cross-Appellant; OPW CORPORATION, Counterdefendant-Appellant and Third-Party Defendant-Appellant-Cross-Appellee.)

Appellate Court of Illinois — Fourth District.

Rehearing denied August 28, 1979.


Attorney(s) appearing for the Case

W.J. Simhauser, of Springfield, for appellant OPW Corporation.

William R. Brandt, of Livingston, Barger, Brandt, Slater and Schroeder, of Bloomington, for appellant Kaiser Agricultural Chemicals.

Ray Moss, of Herrick, Rudasill and Moss, of Clinton, for appellee Ronald D. Thomas.

Michael J. Kehart, of Decatur, for appellee Certified Equipment and Manufacturing Company.


Affirmed in part and reversed in part.

Mr. JUSTICE GREEN delivered the opinion of the court:

This appeal involves a tort action brought in the circuit court of De Witt County by plaintiff Ronald D. Thomas to recover for personal injuries he received on April 24, 1974, when he was sprayed in the face with liquid nitrogen fertilizer while filling an applicator which he was using to apply the fertilizer to farm land. He sued defendants Kaiser Agricultural Chemicals...

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