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WHEELER v. SUNBELT TOOL CO.

No. 4-88-0263.

181 Ill. App.3d 1088 (1989)

537 N.E.2d 1332

MITCHELL WHEELER, Plaintiff-Appellant and Cross-Appellee, v. SUNBELT TOOL COMPANY, INC., et al., Defendants-Appellees and Cross-Appellants (Evans Implement Company, Defendant).

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing May 18, 1989.

Attorney(s) appearing for the Case

James Walker, Ltd., of Bloomington, for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Stephen R. Swofford, David E. Jones, and Kathryn A. Spalding, of counsel), for appellees.

Judgment affirmed.

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

Mitchell Wheeler, plaintiff, was injured while using a "Chain-A-Part" tool to break a gathering chain on his employer's combine. A fragment of metal entered plaintiff's left eye after the punch on the tool broke. Plaintiff sued defendants, alleging the tool was unreasonably dangerous and alleging defendants had breached a warranty that the punch would not break. The jury returned...

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