(Download) "Winnett v. Winnett" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Winnett v. Winnett
- Author : Supreme Court of Illinois
- Release Date : January 29, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Four-year-old Teresa Kay Winnett was injured when she placed her hand on a moving conveyor belt or screen on a forage wagon then being operated on her grandfather's farm. An amended two-count complaint on her behalf sought recovery in count I from her grandfather predicated upon his negligence. Count II is a strict-tort-liability action against defendant Helix Corporation, manufacturer of the forage wagon. The defendant corporation filed a motion to dismiss count II for failure to state a cause of action, and the circuit court of Coles County allowed that motion. The count I cause of action was apparently settled, and it was dismissed without prejudice. The Appellate Court for the Fourth District held count II stated a cause of action and reversed its dismissal by the trial court. (9 Ill. App.3d 644.) We allowed leave to appeal. Count II of the amended complaint alleged in substance that plaintiff was visiting her grandfather by invitation at his farm home, that he was operating a forage wagon in the barnyard, and that defendant Helix Corporation had manufactured the wagon; that the forage wagon was being used for its intended purpose and the plaintiff was injured while it was being so used. Among other allegations, including the absence of rear-view mirrors and warning signs, it is charged that the conveyor belts on the wagon were exposed with no shield or guard affixed to prevent persons from coming into contact with the belts and the steel end of the wagon, and no bolts, latches or holes were present to allow for the attachment of a shield or guard. These and other conditions were alleged to render the wagon unreasonably dangerous, and it is alleged that they existed at the time the forage wagon left defendant's control and that plaintiff's injuries resulted from one or more of these conditions. The complaint states the circumstances surrounding the plaintiff's injury as follows: