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VROEGH v. FORKLIFT

Nos. 1-91-4058, 1-91-4059 and 1-91-4064.

626 N.E.2d 1046 (1993)

255 Ill. App.3d 155

193 Ill.Dec. 495

Adrian VROEGH, Special Administrator of the Estate of Douglas P. Maicach, Deceased, Plaintiff-Appellant, v. J & M FORKLIFT et al., Defendants (Petrolane Gas Services Ltd., Third-Party Plaintiffs-Appellants v. Worthington Industries, Inc., et al., Third-Party Defendants; ANR Freight System, Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

Supplemental Opinion on Denial of Rehearing December 3, 1993.

Attorney(s) appearing for the Case

Nicholas J. Motherway and Robert J. Napleton of Motherway & Glenn, P.C., Chicago, for plaintiff-appellant.

Barry L. Kroll, James R. Studnicka, Thomas H. Neukranz and Lloyd E. Williams, Jr. of Williams & Montgomery, Ltd., Chicago, for defendant/third party defendant-appellee.

Gerard B. Gallagher and Ira E. Sussman of Gallagher & Joslyn, Oakbrook Terrace, for third party plaintiff-appellant.

Gerald O. Sweeney and John T. Williams of Lord, Bissell & Brook, Chicago, and Thomas M. Taggart and Sandra J. Anderson of Vorys, Sater, Seymour and Pease, Columbus, OH, for defendant/third party plaintiff-appellant.

Justice EGAN delivered the opinion of the court:

This case is another in a considerable number of cases involving the "fireman's rule" in Illinois, but it is the first case which questions the rule's effect on the right of contribution between tortfeasors.

On January 3, 1989, Douglas Maicach, a member of the South Holland Fire Department, was killed while he was fighting a fire involving a propane gas-powered forklift truck owned by the defendant, ANR Freight...

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