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Mateika v. La Salle Thermogas Co.

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eBook details

  • Title: Mateika v. La Salle Thermogas Co.
  • Author : Illinois Appellate Court — Third District Judgment Affirmed
  • Release Date : January 23, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

This is an appeal from a judgment of the circuit court of La Salle County granting summary judgment in favor of defendants, La Salle Thermogas Company (Thermogas), Rego, Inc. (Rego), and Golay & Company, Inc. (Golay), and against the plaintiff, George Mateika. On November 1, 1976, plaintiff was employed by the Bassicks Division of the Stewart Warner Corp. In the course of his employment he hooked up and began to turn a handwheel in order to open the valve of a certain liquid propane gas tank. The tank had previously been filled and delivered by Thermogas to Bassicks. The valve had been manufactured by Rego and had been assembled to the tank by Golay. When the plaintiff turned the handwheel on the valve, liquid propane gas began to leak around the stem, freezing and burning the plaintiff's hands. Before the pain set in, plaintiff examined the valve and observed that the packing nut that is located underneath the handwheel was loose and that he could turn it with his fingers. Approximately six weeks after the occurrence, the plaintiff took photographs of the tank and valve. Subsequently the tank was mislaid and its present location is unknown. Plaintiff filed a five-count complaint. Counts I, IV and V are products liability counts directed against each defendant. Count II is a negligence action against Thermogas, and count III is a res ipsa loquitur action, also directed against Thermogas. The trial court granted summary judgment in favor of the defendants as to all counts on May 16, 1980, and plaintiff appeals.


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