Kerns v. Engelke

The plaintiff, Sanford Kerns, was severely injured in the course of his work as an employee of Gustav and Leola Engelke, doing business as Engelke Dairy Farms. In the circuit court of Madison County, jury verdicts, awarding the plaintiff $225,000 in damages, were returned against all the defendants: the Engelkes, on the basis of negligence; and Fox River Tractor Co. (the manufacturer of the forage blower involved in the injury) and Melvin Timmerman (the retailer doing business as Timmerman Implement Co.) on the basis of strict liability in tort. In a counterclaim, Timmerman received a judgment for indemnity plus a reasonable sum for legal fees, court costs and other expenses of defense against Fox River. The appellate court affirmed. However, it remanded for a precise determination of the amount owed Timmerman, and found a loan receipt agreement, entered into between the plaintiff and the Engelkes subsequent to the trial court judgment, void. (54 Ill. App.3d 323.) We allowed (65 Ill.2d R. 315) and consolidated the separate appeals of the plaintiff and Fox River.