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COOK v. NAVISTAR INTERN. TRANSP. CORP.

Nos. 90-3093, 90-3433 and 90-3556.

940 F.2d 207 (1991)

Osie COOK, Jr., and Lisa Cook, Plaintiffs-Appellants, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORP., and Mid-Century Insurance Co., Defendants-Appellees. Osie COOK, Jr., and Lisa Cook, Plaintiffs, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORP., Defendant-Appellee, and Mid-Century Insurance Co., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1991.

As Amended August 15, 1991.

Rehearing Denied October 25, 1991.

Attorney(s) appearing for the Case

Michael F. Hupy, argued, Jacobson & Hupy, Milwaukee, Wis., Judith M. Cannavo, Indianapolis, Ind., for Osie and Lisa Cook.

Mark A. Kircher, Frank J. Daily, argued, Quarles & Brady, Milwaukee, Wis., Michael R. Conner, Arend J. Abel, Barnes & Thornburg, Indianapolis, Ind., Timothy J. McDermott, Tripp, Scott, Conklin & Smith, Fort Lauderdale, Fla., Michael D. Flanagan, Whyte & Hirschboeck, Milwaukee, Wis., for Navistar Intern. Transp. Corp.

Jack M. Freedman, Barnes & Thornburg, Judith M. Cannavo, Indianapolis, Ind., Donald P. O'Meara, Mitchell, Baxter & Zieger, Milwaukee, Wis., for Mid-Century Ins. Co.

Before CUDAHY and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

FLAUM, Circuit Judge.

In July 1983, plaintiff Osie Cook, Jr.,1 was driving a semi-trailer tractor designed and built by defendant Navistar2 when the lights on the trailer began to flicker. Cook pulled the truck (a 1981 model 9670) to the side of the road in order to check the electrical connections behind the cab. As he attempted to mount the rear of the cab area, his foot slipped from one of the steps, and...

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