[DOWNLOAD] "Carver v. Grossman" by Supreme Court of Illinois * eBook PDF Kindle ePub Free

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eBook details

• Title: Carver v. Grossman
• Author : Supreme Court of Illinois
• Release Date : January 20, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The circuit court of Cook County following a bench trial entered judgment against the third-party defendant, Walter J. Bishop and in favor of the third-party plaintiff, Ronald F. Grossman, Administrator of the Estate of Broadus J. Putnam, deceased, for the amount of a consent judgment which had been entered against Grossman in favor of the original plaintiff, Robert Carver, an employee of Bishop at the time of his injury. The circuit court also held that Bishop was not entitled to satisfy his lien for workmen's compensation payments that he had made to the plaintiff from this judgment. The appellate court affirmed the judgment against Bishop but modified it to provide for the payment to Bishop of his lien for workmen's compensation payments which had been made to the plaintiff Carver. (6 Ill. App.3d 265.) We granted leave to appeal to Bishop from the affirmance by the appellate court of the judgment against him entered on the third-party complaint. We also granted Carver's petition for leave to appeal from that part of the order of the appellate court which allowed Bishop's lien for compensation payments to be satisfied from said judgment. The appeals have been consolidated in this court for argument and opinion. On May 17, 1964, Carver was employed by Bishop in a gasoline service station. On that day Broadus J. Putnam took his 1951 Dodge, equipped with a manual transmission, to the service station. Bishop, the operator of the station, drove the automobile into a service bay and instructed Carver to change the oil and the oil filter. When Bishop got out of the car, he left the transmission in gear and the keys in the ignition, but the engine was turned off. He also did not place blocks in front of the wheels. While the car was being serviced, Putnam, the owner of the automobile, and Bishop, the operator of the service station, were in the general vicinity where the work was being performed. Just prior to the incident in question, Bishop and Putnam stood on the driver's side of the automobile while Carver stood in front of it. The hood was up and Carver was working under the hood. Bishop then told Putnam to check his gas. While it is not clear whether or not Putnam got into the car, the evidence indicates and the trial court found that he did turn on the ignition. The car started and lurched forward pinning Carver and causing him injuries.

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