UNITED SERVICES AUTO. ASS'N v. DARE

No. 1-04-1216.

830 N.E.2d 670 (2005)

357 Ill. App.3d 955

294 Ill.Dec. 258

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff-Appellant, v. Margaret B. DARE, Robert N. Ellingson, Libertyville Saddle Shop, Inc., Ronald L. Herbes, Individually and d/b/a Libertyville Horse Trailer Sales, and Libertyville Trailers, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

May 31, 2005.


Attorney(s) appearing for the Case

Esther Joy Schwartz, Kenneth J. Hogan and Richard D. Foody of Stellato & Schwartz, Ltd., Chicago, for Plaintiff-Appellant.

Jeffrey J. Kroll and Robert P. Sheridan of Clifford Law Offices, and Nunzio C. Radogno and Jessica L. Nugent of Radogno, Cameli & Hoag, P.C., Chicago, for Defendants-Appellees.


Justice McBRIDE delivered the opinion of the court:

Robert Ellingson bought a horse trailer from defendant-appellee Margaret Dare. Thereafter, Ellingson sued Dare for injuries he sustained because of a failure in the trailer's "butt chain," which is a chain intended to restrain a horse at the rear end of the trailer (the underlying action). Specifically, Ellingson alleged that the failure of the butt chain resulted in the release of a horse from the trailer, causing...

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