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ROBERTSON v. GEN. TIRE & RUBBER CO.

No. 82-437.

123 Ill. App.3d 11 (1984)

462 N.E.2d 706

KATHY ROBERTSON, Adm'x of the Estate of Thomas L. Robertson, Deceased, Plaintiff-Appellee, v. GENERAL TIRE AND RUBBER COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed March 27, 1984.

Attorney(s) appearing for the Case

Mitchell & Armstrong, Ltd., of Marion (J.C. Mitchell, of counsel), for appellant.

Harris, Lambert and Wilson, of Marion, for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE WELCH delivered the opinion of the court:

Thomas L. Robertson, 25, an employee of the Peabody Coal Company, was killed at about 5:10 a.m. on May 14, 1974, as he replaced lug bolts on the wheel of a machine known as a Galis Model 3500 Twin-Boom Roof Drill. The accident report, filed by Charles E. Luxmore, a Federal coal mine inspector, and introduced as an exhibit at trial, stated that when...

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