Winter v. Henry Service Co.

On July 24, 1981, plaintiff, Kevin Winter, filed a complaint against defendant Henry Service Company (Henry) and defendant Mayrath Industries, Inc. (Mayrath), seeking to recover damages for personal injuries Kevin suffered when his hand was caught in a Mayrath bottom drive auger. After nearly eight years of discovery and a mistrial, on June 23, 1989, both defendants filed motions for leave to file a third-party complaint for contribution against Wilhelm Winter, Kevin’s father. The trial court denied defendants’ motions, and the case proceeded to trial. Subsequently, Henry was found 25% liable…