Vroegh v. J & M FORKLIFT

Douglas P. Maicach was killed while fighting a fire at a facility owned by ANR Freight System (ANR). A wrongful death action followed. The count directed against ANR was dismissed with prejudice pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)) on the grounds that the "fireman’s rule” shielded ANR from liability. The issue before us now is whether that dismissal precludes two of the remaining defendants, Petrolane Gas Services, Ltd. (Petrolane), and Worthington Industries, Inc. (Worthington), from proceeding with third-party actions against ANR for…