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WALSH v. EMERGENCY ONE, INC.

No. 93-1149.

26 F.3d 1417 (1994)

Martin WALSH, Plaintiff-Appellant, v. EMERGENCY ONE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 1994.

Attorney(s) appearing for the Case

Michael D. Monico, Barry A. Spevack (argued), Robert J. Pavich, Monico, Pavich & Spevack, Chicago, IL, for plaintiff-appellant.

John M. Coleman (argued), Justin J. Power, Johnathan P. Wynn, Coleman & O'Halloran, Chicago, IL, for defendant-appellee.

Before WOOD, CUDAHY, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Martin Walsh was a veteran Chicago fire fighter who was injured when he was thrown from the unenclosed seating atop a fire truck as the truck responded to an emergency call. The truck was designed by Emergency One, Inc. (EO). The seating was equipped with seat belts which the parties agree the fire fighter did not use. Based on his injury, Walsh filed a complaint against EO alleging product liability (Count I) and negligence (Count II). EO responded...

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