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SUTTON v. A.O. SMITH CO.

No. 98-2563.

165 F.3d 561 (1999)

Roy D. SUTTON and Charlene Sutton, Plaintiffs-Appellees, v. A.O. SMITH COMPANY, Defendant/Third-Party-Plaintiff-Appellee, v. Q-1 Motor Express of Jeffersonville, Indiana, Third-Party-Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1999.

Attorney(s) appearing for the Case

David G. Hatfield (submitted), Evansville, IN, Eric C. Young, Dunham, Boman & Leskera, Belleville, IL, for Plaintiffs-Appellees Roy D. Sutton and Charlene Sutton.

Kathy A. Wisniewski, Bryan Cave, St. Louis, MO, for Defendant/Third-Party-Plaintiff-Appellee A.O. Smith Company.

Jeffrey S. Hebrank, Burroughs, Hepler, Broom, MacDonald & Hebrank, Edwardsville, IL, for Third-Party-Defendant-Appellant Q-1 Motor Express of Jeffersonville, Indiana.

Before POSNER, Chief Judge, and COFFEY and DIANE P. WOOD, Circuit Judges.

POSNER, Chief Judge.

A.O. Smith hired Q-1 Motor Express to transport goods for it to and from specified locations. Roy Sutton, a truck driver employed by Q-1, was injured by a forklift operated by an employee of A.O. Smith on property owned by A.O. Smith while Sutton was engaged in work called for by the contract between the two companies. Sutton and his wife (the latter seeking damages for loss of consortium) sued A.O. Smith, charging negligence, and A.O. Smith removed...

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