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WINSTON NETWORK v. INDIANA HARBOR BELT R. CO.

Nos. 90-1237, 90-1325, 90-1337, 90-2360, 90-2766 and 90-2796.

944 F.2d 1351 (1991)

WINSTON NETWORK, INCORPORATED, a Delaware corporation, Plaintiff-Appellee, v. INDIANA HARBOR BELT RAILROAD COMPANY, an Indiana corporation, Defendant-Cross-Plaintiff-Appellee, v. AETNA INSURANCE COMPANY, a Connecticut corporation, Defendant-Cross-Defendant-Appellant. WINSTON NETWORK, INCORPORATED, a Delaware corporation, Plaintiff-Appellant, v. INDIANA HARBOR BELT RAILROAD COMPANY, an Indiana corporation, Defendant, v. AETNA INSURANCE COMPANY, a Connecticut corporation, Defendant-Appellee. WINSTON NETWORK, INCORPORATED, a Delaware corporation, Plaintiff, v. INDIANA HARBOR BELT RAILROAD COMPANY, an Indiana corporation, Defendant-Cross-Plaintiff-Appellant, v. AETNA INSURANCE COMPANY, a Connecticut corporation, Defendant-Cross-Defendant-Appellee. WINSTON NETWORK, INCORPORATED, a Delaware corporation, Plaintiff, v. INDIANA HARBOR BELT RAILROAD COMPANY, an Indiana corporation, Defendant-Counter-Plaintiff-Appellee, v. AETNA INSURANCE COMPANY, a Connecticut corporation, Defendant-Counter-Defendant-Appellant. WINSTON NETWORK, INCORPORATED, a Delaware corporation, Plaintiff-Appellee, v. INDIANA HARBOR BELT RAILROAD COMPANY, an Indiana corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 25, 1991.

Attorney(s) appearing for the Case

John A. Dienner, III, argued, Lydon & Griffin, Chicago, Ill., for plaintiff-appellee Winston Network, Inc.

Diane I. Jennings, argued, Alvin E. Domash, Lord, Bissell & Brook, David F. Schmidt, Peterson & Ross, Chicago, Ill., for defendant-appellee Indiana Harbor Belt R. Co.

Jay S. Judge, Knight, Hoppe, Fanning & Knight, Des Plaines, Ill., John T. Burke, Burke & Associates, Chicago, Ill., for defendant-appellant Aetna Ins. Co.

Before WOOD, Jr., COFFEY and KANNE, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

On June 30, 1981, a train owned by the Indiana Harbor Belt Railroad ("IHB") toppled a scaffolding erected for the purpose of painting an advertisement on an IHB-owned bridge. A state court jury determined that the negligence of both IHB and Transportation Displays, Inc. ("TDI"), caused the accident, which injured one painter and killed another, and that the resulting damages were in excess of $2.4 million. That verdict was later...

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