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eBook details

• Title: Wiedemann v. Industrial Erectors
• Author : Illinois Appellate Court — First District (1St Division) Judgment Affirmed
• Release Date : January 23, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

On November 20, 1979, plaintiff, Corrado Wiedemann, assistant food and beverage manager at McCormick Inn, Chicago, sustained severe injuries when he was thrown over the top of the manlift he was riding in the 23rd Street Parking Garage (the garage), situated adjacent to McCormick Inn. Plaintiff filed suit to recover damages for his injuries against three defendants: Humphrey Elevator and Truck Co., Inc. (Humphrey), manufacturer of the manlift, on a strict products liability theory; The Industrial Erectors, Inc. (Industrial), designer, distributor and installer of the manlift, on strict products liability and negligence theories; and 23rd Street Park, Inc., operator of the garage, on a negligence theory. At the conclusion of plaintiff's case in chief, 23rd Street Park, Inc., reached a $50,000 settlement with plaintiff and was dismissed from the action. Following trial, the jury returned a verdict in favor of Humphrey and against Industrial, assessing total damages against Industrial in the amount of $950,000, which was reduced to $807,500 in recoverable damages as a result of a determination that plaintiff was 15% contributorially negligent. Upon motion by Industrial, the trial court further reduced the damages by $50,000, the amount of plaintiff's settlement with 23rd Street Park, Inc. The trial court denied Industrial's post-trial motion for judgment notwithstanding the verdict and also denied plaintiff's post-trial motion for judgment notwithstanding the verdict or for new trial against Humphrey. Industrial's timely appeal followed. Plaintiff did not appeal the judgment entered for Humphrey. On appeal, Industrial contends that the trial court erred in denying its (1) post-trial motion for judgment notwithstanding the verdict; (2) motions for a directed verdict; and (3) conditional motion for a new trial. For the following reasons, we affirm the judgment of the trial court.

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