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BRDAR v. COTTRELL, INC.

No. 5-04-0415.

867 N.E.2d 1085 (2007)

372 Ill. App.3d 690

Carl BRDAR and Vicky Brdar, Plaintiffs-Appellees and Cross-Appellants, v. COTTRELL, INC., Defendant-Appellant and Cross-Appellee (Cassens & Sons, Inc.; Cassens Corporation; Unknown Commercial Lessors in the Cassens Family; Unknown Chain and Ratchet Component Distributors and Manufacturers; Daimlerchrysler Corporation, f/k/a Chrysler Corporation; and General Motors Corporation, Defendants). Cottrell, Inc., Third-Party Plaintiff-Appellant, v. C.F. Bender and Vulcan Chain Corporation, Third-Party Defendants-Appellees (Cassens Transport Company, Third-Party Defendant).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted March 27, 2007.

Opinion Filed March 27, 2007.

Attorney(s) appearing for the Case

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria; Alan J. Dixon, Bryan, Cave, LLP, St. Louis, MO; Robert H. Shultz, Jr., Edwardsville, for Appellants.

Charles W. Armbruster III, The Lakin Law Firm, P.C., Wood River; Brian M. Wendler, Wendler Law, P.C., Edwardsville; Dawn Karnadulski O'Leary, Roth, Evans & Lading, P.C., Granite City; Martin M. Clay, Law Offices of Marc A. Lapp, Sunset Hills, MO, for Appellees.

Justice CHAPMAN delivered the opinion of the court:

The defendant cargo trailer manufacturer appeals a judgment in favor of the plaintiffs, a truck driver and his wife, for injuries the driver sustained when a chain broke while he was attempting to tie down an automobile to a cargo trailer. The defendant argues that the court erred and abused its discretion by (1) denying its motion to dismiss on grounds of forum non conveniens, (2) denying a motion to strike...

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