Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Polson v. Cottrell

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 20, 2007

ROBERT POLSON AND MARY POLSON PLAINTIFFS,
v.
COTTRELL, INC., DEFENDANT.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Pending before the Court is Plaintiffs' motion for partial summary judgment (Doc. 109).*fn1 Specifically, Plaintiffs move for partial summary judgment on Cottrell's fifteenth affirmative defense arguing that there are no facts to support Cottrell's defense of product modification.*fn2 Plaintiffs argue that there is no genuine issue of material fact regarding the product modifications Cottrell's expert observed more than three years after Polson's injury. Plaintiff s contend that the ratchet head replacement after the injury was a replacement of one ratchet head with another that was not substantially different. Cottrell opposes the motion arguing that there is a genuine issue of fact as to whether the product was in fact altered at the time of Polson's accident (Doc. 118). Cottrell argues that this issue exists because Polson's affidavit states that the product was not altered before the accident and the affidavit of Gary Page of Jack Cooper Transport and maintenance records state that the ratchets were likely changed before Polson's accident. The Court agrees with Cottrell. Based on the record, the Court finds that genuine issues of material fact exists as to when the modifications were made and what type of modifications were made. Thus, the Court denies Plaintiffs' motion for partial summary judgment (Doc. 109).

IT IS SO ORDERED.

David RHerndon United States District Judge


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.