Old Second National Bank v. Bynal Products, Inc.

Bynal Products, Inc. (Bynal), a manufacturer of trash containers, appeals from the dismissal of a third-party complaint it had brought against Fox Valley Disposal Company and Mooseheart, Inc., owner and user, respectively, of one of Bynal’s containers.

The container had been furnished to the Mooseheart orphanage as part of a scavenger service rendered to it by Fox Valley Disposal, and was located outdoors near a playground. On April 13, 1974, Peggy Ann Franks, a 7-year-old Mooseheart resident, swung on the projecting handles or trunions of the trash container while playing whereupon it…