St. Paul Fire & Marine Insurance v. Michelin Tire Corp.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an indemnity action which seeks recovery of sums paid in settlement to the estates of four individuals killed in a 1962 collision between the car in which they were riding and a truck operated by plaintiff’s insured. The case was tried upon a theory of strict liability in tort for the manufacture and sale of a defective product. After a bench trial judgment for plaintiff was entered in the stipulated amount of $39,000. Two contentions are raised on appeal: (1) that plaintiff’s failure to give notice to defendants prior to…