ALLEN v. INTERNATIONAL HARVESTER CO.

No. 1-90-1825.

571 N.E.2d 773 (1991)

212 Ill. App.3d 655

156 Ill.Dec. 793

Leo D. ALLEN, Plaintiff, v. INTERNATIONAL HARVESTER COMPANY and Ryder Truck Rental, Inc., Defendant, Third-Party Plaintiffs-Appellants (Van Craft Industries, Inc., and Freight Consolidation Services, Inc., Third-Party Defendants-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied May 8, 1991.


Attorney(s) appearing for the Case

Arnstein & Lehr, Chicago (Louis A. Lehr, Jr., Arthur L. Klein, John T. Wagener, of counsel), for third-party plaintiff-appellant Navistar Intern. Transp. Corp.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (D. Kendall Griffith, Steven M. Puiszis, Bruce L. Carmen, of counsel), for third-party defendant-appellee Freight Consolidation Services, Inc.


Presiding Justice JIGANTI delivered the opinion of the court:

Navistar International Transportation Corporation, successor in interest to International Harvester Company, filed a thirdparty action to enforce a contractual indemnity provision between it and third-party defendant, Freight Consolidation Services, Inc. (FCS). Navistar sought to enforce the indemnity agreement following a lawsuit filed against it by one of FCS's employees who was injured while loading...

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