Defendant was injured while unloading grain from a truck owned by his father. He stepped onto the auger when attempting to open the truck's gate to let grain into the auger. Because the auger's protective shield had been removed, his foot was exposed to the turning shaft; his right leg was amputated above the knee as a result of the injury. The "mechanical device" exclusion in the auto policy covering the grain truck is unambiguous and enforceable, and is not against public policy. The auger was a machine or tool designed to move grain from one place to another, and was a device "operated by a machine or tool", and thus the exclusion applied and precluded coverage for the injury. (A. BURKE, GARMAN, KARMEIER, THEIS, and NEVILLE, concurring.)
Illinois Supreme Court
Civil Court
Insurance