Miscevich v. Commonwealth Edison Co.

Plaintiff, Eileen Miscevich, individually and as administratrix of the estate of Michael Miscevich, deceased, brings this appeal pursuant to Supreme Court Rule 304(a) (87 Ill. 2d R. 304(a)) from an order granting a motion for summary judgment brought by J. I. Case Co. (defendant). The issues raised by plaintiff on appeal are: (1) whether the decision in Genaust v. Illinois Power Co. (1976), 62 Ill. 2d 456, 343 N.E.2d 465, controls this case; and (2) whether the defendant imposed a duty upon itself by issuing a warning in its operator’s manual. Defendant has raised an additional argument that…