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eBook details

• Title: Kramer v. Weedhopper of Utah
• Author : Illinois Appellate Court First District (2Nd Division) Reversed And Remanded
• Release Date : January 25, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Plaintiff's amended, five-count complaint alleged strict product liability, negligence and breach of warranty against Weedhopper of Utah, Inc. (Weedhopper), and strict product liability against Lawrence Engineering, Inc. (Lawrence), and Hughes Aircraft Company, in seeking recovery for injuries he sustained in the crash of a Weedhopper ultralight aircraft which he had purchased and assembled. Weedhopper answered and filed affirmative defenses, to which plaintiff responded. Lawrence also answered. Thereafter, both Weedhopper and Lawrence filed motions for summary judgment. Subsequently, Weedhopper filed a petition in bankruptcy, and the action against it has been stayed. Hughes Aircraft Company was not involved in the incident complained of, was erroneously joined as a defendant and was voluntarily dismissed by the circuit court. Plaintiff answered Lawrence's motion for summary judgment. After a hearing, the summary judgment motion was allowed, from which plaintiff appeals. We are asked to decide whether summary judgment was properly granted where plaintiff presented circumstantial evidence rather than direct proof of Lawrence's involvement in supplying a defective aircraft bolt to Weedhopper, which plaintiff claims was supplied to him in the kit purchased from Weedhopper, and which is alleged to have been a proximate cause of the accident and plaintiff's injuries. For the reasons set forth below, we reverse and remand for trial.

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