Opinion

Stevens v. Silver Manufacturing Co.

  • 70 Ill. 2d 41
  • 15 Ill. Dec. 847
  • 374 N.E.2d 455
Court
Illinois Supreme Court
Filed
Mar 1, 1978
Status
Published
Author
Ward
On the bench
Goldenhersh, Ward, Underwood, Dooley
Cited by
42 cases
Authority
More cited than 9.1%

noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”

How later courts described this case

  • noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”
  • “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on relative degree to which the employer’s misuse of the product or assumption of the risk contributed to cause plaintiff’s injuries”
  • prayer for "partial indemnity" against employer construed as a contribution claim

Written by the judges who cited it.

Distinguished

  • Distinguished by a later decision, 771 F.2d 224 (1985)

    lowing indemnity complaints to survive the pleading stage to enable the third-party plaintiff to prove that the third-party defendant "was the real party at fault and that [third-party] plaintiff's liability was derived from a relationship which did not involve negligence or misconduct on his part," Stevens v. Silver Manufacturing Co., 41 Ill.App.3d 483, 489, 355 N.E.2d 145 (2d Dist.1976), reversed on other grounds,…
    Court of Appeals for the Third CircuitAug 19, 19852 citing opinionsRead it

The opinion

MR. CHIEF JUSTICE WARD, dissenting:

I dissent for the reasons stated in my dissenting opinion in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1, 17 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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