Hahn v. Norfolk & Western Railway Co.

Norfolk & Western Railway Co. (N&W) appeals from the St. Clair County circuit court’s dismissal of its third-party claims for contribution and indemnity against Clark Equipment Co. (Clark).

Plaintiff, Frank J. Hahn, filed a Federal Employers’ Liability Act (FELA) action in February of 1985 against his employer, N&W, for injuries he suffered sometime in 1984 as a carman getting on and off a forklift. The forklift was manufactured by Clark and sold to N&W in 1975. In May of 1990, N&W filed a third-party claim against Clark for contribution in negligence and strict products liability and for…