Kahle v. John Deere Co.

The first question to be answered is whether the voluntary dismissal of a case under section 2 — 1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2—1009) is a final order appealable by the defendant. If the dismissal is appealable, then we must decide whether trial or hearing had begun in this case.

On June 30, 1975, plaintiff, Gary Kahle, was injured while working with a portable grain elevator which had an undercarriage manufactured by the defendants, John Deere Company and Deere & Company (Deere), related corporations. In April 1977 he filed a products liability suit…