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NORTHLAND INS. CO. v. TRUCKSTOPS CORP. OF AMERICA

Nos. 92 CV 3357, 92 CV 8265.

897 F.Supp. 1091 (1995)

NORTHLAND INSURANCE COMPANY, Plaintiff, v. TRUCKSTOPS CORPORATION OF AMERICA, d/b/a Truckstops of America, Defendant. Susan Mae SMITH, as Special Administrator of the Estate of Willie Earl Powell, Deceased, Plaintiff, v. TRUCKSTOPS CORPORATION OF AMERICA, a foreign corporation; Truckstops Corporation of America, d/b/a Truckstops of America, a foreign corporation; B.P. Exploration and Oil, Inc., a foreign corporation; and British Petroleum America, Inc., a foreign corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

August 18, 1995.

Attorney(s) appearing for the Case

Gerald C. Bender, Law Office of Gerald C. Bender, Chicago, IL, Michael A. Pollack, Law Offices of Robert W. Kohn, Milwaukee, WI, for Northland Insurance Co., et al.

Joseph Stalmack, Galvin, Stalmack & Kirschner, Hammand, IN, for Truckstops Corp. of America.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

On November 16, 1991, Willie Powell, a Wisconsin resident employed as a truck driver by a Wisconsin company, stopped at a Truckstops of America (TSA) facility just south of the state line in Illinois for some brake work. He thereafter headed south on a trip for his employer. The following day he was killed in an accident in Tennessee, allegedly because his brakes failed. A Wisconsin court thereafter...

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