Walicek v. Ciba-Geigy Corp.

This is an interlocutory appeal from the trial court’s order denying defendants’ motions to dismiss plaintiff’s third complaint for damages resulting from an alleged breach of express and implied warranties arising out of the plaintiff’s use in his landscaping service of an herbicide manufactured by defendant CIBA-GEIGY Corporation and sold to plaintiff by defendant Lake-Cook Supply. Plaintiff’s first complaint was filed on September 25, 1978. Only defendant CIBA-GEIGY was served with process. This complaint was dismissed for want of prosecution on May 22, 1980. Plaintiff’s second complaint…