DAVIS v. AMERICAN OPTICAL CORP.

Nos. 5-07-0385, 5-07-0386.

899 N.E.2d 506 (2008)

Kenneth DAVIS, Charles Deaton, Fred Deaton, Robert Engle, Bob Ganz, Thomas Saathoff, as Special Administrator for Annette May, Larry Nolen, Arthur Phillips, Philip Richerson, Larry Winters, and Wendell Yeary, Plaintiffs-Appellees, v. AMERICAN OPTICAL CORPORATION, Defendant and Third-Party Plaintiff-Appellant, and Minnesota Mining And Manufacturing Company, Inc., n/k/a The 3M Company, Defendant and Third-Party Plaintiff-Appellee (The American Coal Company, a/k/a Arch of Illinois et al., Third-Party Defendants-Appellees). David Basham, Joseph Clark, Roy Gene Culpepper, Kenneth Davis, Charles Deaton, Fred Deaton, David Dudley, Robert Engle, Bob Ganz, Danny Gulley, Keith Hughes, Thomas Saathoff, as Special Administrator for Annette May, Barry McDyer, Larry Nolen, Kevin Peyton, Arthur Phillips, Marty Richardson, William Staley, Lyman Tanner, Lyndell Walker, Wendell Yeary, Plaintiffs-Appellees, v. American Optical Corporation, Defendant and Third-Party Plaintiff-Appellant, and Mine Safety Appliances Company, Defendant and Third-Party Plaintiff-Appellee (Amax Coal Company, f/k/a Cyprus Amax Coal Company et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

December 3, 2008.


Attorney(s) appearing for the Case

Debra K. Zahalsky, Joseph R. Brown, Jr., Lucco, Brown, Threlkeld & Dawson, LLP, Edwardsville, IL, Attorneys for Appellant.

John J. Kurowski, Candice C. Kusmer, Kurowski, Bailey & Shultz, LLC, Swansea, IL, for The 3M Company.

K. Lindsay Rakers, Robert Rowland, Goldenberg, Heller, Antognoli & Rowland, P.C., Edwardsville, IL, for Kenneth Davis, Charles Deaton, Robert Engle, Bob Ganz, and Thomas Saathoff, as Special Administrator.

William A. Schmitt, Dayna L. Johnson, Greensfelder, Hemker & Gale, P.C., Swansea, IL, for Arch of Illinois.

W. Jeffrey Muskopf, Mark R. Feldhaus, Lashly & Baer, P.C., St. Louis, MO, for Mine Safety Appliances Co.

Theodore F. Kommers, Gould & Ratner LLP, Chicago; Pamela Lacey, Attorney at Law, Benton, IL, for Freeman United Coal Mining Corp.


Justice SPOMER delivered the opinion of the court:

In this consolidated appeal, defendant American Optical Corp. (AOC) appeals the orders of the circuit court of Saline County that, inter alia, found the settlement agreements entered into between the plaintiffs in each case and defendants Minnesota Mining and Manufacturing Company, Inc., now known as The 3M Company (3M), and Mine Safety Appliances Company (MSA),...

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