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BOLAND v. KAWASAKI MOTORS MFG. CORP., USA

No. 4-98-0911.

722 N.E.2d 1234 (2000)

309 Ill. App.3d 645

243 Ill.Dec. 165

CHARLES ED BOLAND, Personal Representative of the Estate of Eric J. Vandiver, Plaintiff-Appellant, v. KAWASAKI MOTORS MANUFACTURING CORPORATION, USA, a Nebraska Corporation, and Kawasaki Heavy Industries, Ltd., a foreign Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided January 7, 2000.

Attorney(s) appearing for the Case

John R. Patchett (argued), Winters, Brewster, Crosby & Patchett, Marion, for Charles Ed Boland.

John R. Musgrave, Mark A. Bayles (argued), Steven E. Kellogg, Thompson Coburn LLP, St. Louis, MO, for Kawasaki Motors Manufacturing Corp., U.S.A.

Presiding Justice COOK delivered the opinion of the court:

On June 19, 1992, Eric J. Vandiver was injured while riding a 1989 Kawasaki KLF 220A2 Bayou four-wheel all-terrain vehicle (Kawasaki ATV). The accident occurred at an abandoned strip mine adjacent to Sparkling Springs Camp Ground near Danville, Illinois, where Vandiver worked as a maintenance man and security guard. There were no witnesses to the accident; however, it appears that Vandiver overturned the Kawasaki...

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