ARTISAN AND TRUCKERS CAS. CO. v. BURLINGTON INS.

No. 22-2683, No. 22-2688.

90 F.4th 893 (2024)

ARTISAN AND TRUCKERS CASUALTY COMPANY, Plaintiff-Appellant/Cross-Appellee, v. The BURLINGTON INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant and Southern Truss, Inc., Douglas Forrest, Gaylon Cruse, individually and doing business as Cruse Construction Company, and Mark Duckworth, Defendants-Appellees, The Burlington Insurance Company, Defendant/Counter/Cross-Plaintiff-Appellee/Cross-Appellant, v. Artisan and Truckers Casualty Company, Plaintiff/Counter-Defendant-Appellant, Cross-Appellee, v. Southern Truss, Inc., Douglas Forrest, Gaylon Cruise, individually and doing business as Cruse Construction Company, and Mark Duckworth, Defendants-Appellees,

United States Court of Appeals, Seventh Circuit.

Decided January 8, 2024.


Attorney(s) appearing for the Case

Thomas L. Buck , Attorney, Magnani & Buck, Chicago, IL, for Plaintiff-Appellant in Docket Nos. 22-2683 & 22-2688.

Rosa M. Tumialan , Attorney, Tressler LLP, Chicago, IL, for Defendant-Appellee Burlington Insurance Company Docket Nos. 22-2683 & 22-2688.

Kolby R. Smithpeters , Attorney, Smithpeters Law Firm LLC, Harrisburg, IL, for Defendants-Appellees Southern Truss, Inc., Douglas Forrest in Docket No. 22-2683.

Justin R. Watkins , Attorney, Langdon & Emison, LLC, Lexington, MO, for Defendants-Appellees Gaylon Cruse, Cruse Construction Company, Mark Duckworth in Docket No. 22-2683.

Before Flaum, Brennan, and Kirsch, Circuit Judges.


Gaylon Cruse and Mark Duckworth were involved in an accident at a construction site while installing roof trusses. To lift the roof trusses into place, Douglas Forrest operated a power crane that was permanently attached to a 2007 International 760 truck owned by Southern Truss. As Cruse and Duckworth stood on ladders to secure...

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