Illinois Bell Telephone Co. v. Dynaweld, Inc.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an appeal from the dismissal of a third-party complaint filed by Dynaweld, Inc. (Dynaweld), against Foreman Manufacturing Company (Foreman). The incident out of which the action arose occurred when the wheel of a trailer owned and being operated by the Illinois Bell Telephone Company (Bell), manufactured by Dynaweld, and allegedly incorporating parts manufactured by Foreman, came off and struck a passing car. The issues are: (1) whether Dynaweld’s refusal to accept a tender of defense in the original action by the driver…