Trans World Airlines, Inc. v. Standard Paving Co.

Mr. PRESIDING JUSTICE McNAMARA

delivered the opinion:

The plaintiff, Trans World Airlines, Inc., brought this action seeking to recover *93,348.25 in damages sustained when one of its planes collided with a piece of machinery, a backhoe, owned and operated by the defendant, Standard Paving Company. TWA’s claim is based upon a construction contract entered into with Standard. Both parties moved for summary judgment pursuant to section 57 of the Civil Practice Act. (Ill. Rev. Stat. 1973, ch. 110, par. 57.) The trial court granted Standard’s motion for summary judgment and TWA appeals.

The…