BATES v. RICHLAND SALES CORP.

No. 4-03-0425.

803 N.E.2d 977 (2004)

346 Ill. App.3d 223

281 Ill.Dec. 356

Doris BATES, Individually and as Special Administratrix of the Estate of Edward T. Bates, Deceased, Plaintiff-Appellant, v. RICHLAND SALES CORPORATION, a Corporation, Defendant and Third-Party Plaintiff-Appellee (Grand Prairie Coop Company, Inc., a Corporation, Third-Party Defendant).

Appellate Court of Illinois, Fourth District.

Decided January 21, 2004.


Attorney(s) appearing for the Case

Mary E. Massa. (argued), Becker & Galanti, P.C., Granite City, for Doris Bates.

Edward H. Rawles (argued), Rawles, O'Byrne, Stanko & Kepley, P.C., Champaign, Karen L. Kendall (argued), Heyl, Royster, Voelker & Allen, Peoria, John D. Flodstrom, Jay E. Znaniecki, Heyl, Royster, Voelker & Allen, Urbana, for Richland Sales Corporation.


Justice APPLETON delivered the opinion of the court:

Grand Prairie Coop Company, Inc. (Grand Prairie), deals in fertilizer and grain and has several branches or facilities, including the Apex facility, a mile west of Tolono. On March 4, 1997, at the Apex facility, an employee of Grand Prairie, Edward T. Bates (Bates), was fatally injured on a Wrangler front-end loader, from which employees of Grand Prairie had removed the roll bar. If the roll bar had been in place...

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