Malawy v. Richards Manufacturing Co‪.‬

Defendant/cross-defendant, Richards Manufacturing Company, appeals from a judgment of the circuit court of St. Clair County which (1) found it and defendant/cross-plaintiff, St. Elizabeth's Hospital, liable for breach of implied warranties of merchantability and fitness for a particular purpose, and (2) entered summary judgment in favor of defendant/cross-plaintiff, St. Elizabeth's Hospital, on the issue of implied indemnity. Defendant/cross-plaintiff, St. Elizabeth's Hospital, appeals from the judgment finding it liable to plaintiff, Richard Malawy, for breach of implied warranties of merchantability and fitness for a particular purpose. The facts are as follows. On July 4, 1976, the plaintiff, a 32-year-old autobody mechanic, suffered fractures to his right hip through the base of the neck of the femur and to the shaft of the right femur. The femur-shaft fracture was unstable because it was compound and comminuted. Due to the severity of plaintiff's injuries, he was transferred from a hospital in Breese to St. Elizabeth's Hospital in Belleville.