Prompt Air v. Firewall Forward
Illinois Appellate Court
707 N.E.2d 235 (1999)
- Written by Angela Patrick, JD
Facts
Porsche-Galesburg Aircraft Sales (Porsche) hired Firewall Forward, Inc. (Firewall) (defendant) to overhaul an aircraft engine. Firewall charged a flat fee for the overhaul, performing some of the work itself and subcontracting other parts of the work. For instance, Firewall hired Kelpak Industries, Inc. (Kelpak) (defendant) to overhaul the engine’s turbocharger. Kelpak, however, used automotive parts in the turbocharger instead of aircraft parts. Kelpak returned the defective turbocharger to Firewall, and Firewall installed it in the aircraft’s engine. A few years later, the aircraft was sold to Prompt Air, Inc. (Prompt Air) (plaintiff). Shortly after the sale, the aircraft crashed due to the defective turbocharger. Prompt Air brought a products-liability claim against Firewall and Kelpak for the defective turbocharger. The trial court dismissed Kelpak from the lawsuit for procedural reasons. The trial court then found that Firewall had merely installed the defective part and, therefore, could not be held liable for a products-liability claim. Prompt Air appealed the order dismissing its claim against Firewall.
Rule of Law
Issue
Holding and Reasoning (Hoffman, J.)
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