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Fireman's Fund Insurance Co. v. Pratt & Whitney Power Systems

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 7, 2009

FIREMAN'S FUND INSURANCE COMPANY, ETC., PLAINTIFF,
v.
PRATT & WHITNEY POWER SYSTEMS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

This Court's April 24, 2009 memorandum opinion and order, which has since been reconfirmed in a May 4 memorandum opinion and order ("Opinion"), concluded by expressing this Court's anticipation "that the forthcoming trial will resolve itself to a dispute between Fireman's Fund and ISS, with Pratt & Whitney playing only the role of an onlooker (unless some question exists as to ISS' financial ability to satisfy any judgment that might be entered against it)."*fn1 ISS has now filed its Reply in Support of Its Affirmative Defenses Alleging Contributory Negligence, seeking to confirm the battleground on which that anticipated dispute should be waged.

This Court does not of course express any substantive views at this point as to the validity of ISS's affirmative defenses or as to how the trier of fact will resolve the parties' dispute in those respects at trial. For the present it confirms that ISS is correct--that its contributory negligence defense may indeed be asserted against Maher, posing issues to be resolved at trial.


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