Name. You can access the new platform at https://opencasebook.org. (32 Ill. 2d 612, 623.) Two issues are presented on this appeal: first, whether as a matter of law, strict liability extends to the seller of a used car and, second, whether a bystander who has been struck by a defective and unreasonably dangerous car may sue under a theory of strict liability. The defendant was erroneously designated as "Lou Backrodt Chevrolet Co." in the published opinion of the court. 156 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [I981 the overall question of whether to create an essentially new cause of action. L. J. Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill.2d 17, 329 N.E.2d 785 (1975) (seller of used car not strictly liable); Timm v. Indian Springs Recreation Ass'n, supra. In Peterson, this court held that the plaintiff could not recover the value of free medical services provided by Shriners’ Hospital for Crippled Children because the policies 3d 690, 307 N.E.2d 729 (1974). Maradean died, and Mark suffered severe injuries, including the amputation of one of his legs. Nor is there any allegation that the defects were created by the used car dealer. Stat. The estate of the children, Mark and Maradean Peterson, brought claims for personal injury and wrongful death against several defendants, including the retailer that distributed the car. In Dunham v. Vaughan & Bushnell Mfg. Our disposition of the first of these issues makes it unnecessary to consider the second. It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. Maynard & Brassfield, Rockford (Eugene E. Brassfield, Rockford, of counsel), for appellee. Thank you. 61 Ill.2d 17, 329 N.E.2d 785 . WHY? It was alleged that the injuries and death were a direct and proximate result of the defective conditions. The dealership generally does not create those defects, so it is inappropriate to apply the usual version of a strict liability claim against manufacturers, wholesalers, and first-sale retailers. Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353 (1979). The automobile involved in the accident was a used 1965 Chevrolet. After the trial court dismissed this part of the case, the estate of the children appealed and was successful in the state appellate court. These parties can use their marketing power to influence manufacturers to create safe products, but a dealer that sells only used cars is not in that position of influence. [61 Ill.2d 18] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Rockford, of counsel), for appellant. The trial court dismissed the claims and the appellate court reversed. (Dunham v. Vaughan & Bushnell Mfg. This is the typical view of this issue taken by courts in most states, since the second-hand dealer is not responsible for placing the product in the stream of commerce. Plaintiff's daughter was killed and his son was seriously injured in an accident allegedly caused by a defective braking system in a used car sold by defendant to a third party. McConnell, Kennedy, Quinn & Morris, of Peoria (Thomas B. Kennedy, Sr., and R. Michael Henderson, of counsel), for amicus curiae Illinois Retail Farm Equipment Association. 1973, ch. Gale S. Molovinsky, of Washington, D.C., for amicus curiae National Automobile Dealers Association. The plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. MR. JUSTICE SCHAEFER delivered the opinion of the court: On September 3, 1971, Maradean Peterson, age 11, and her brother, Mark Peterson, age 8, were struck by an automobile while they were walking home from school. 110A, par. Supreme Court of Illinois. It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. 2d 256, 262-263, 391 P.2d 168, 171, 37 Cal. We decline to do so. It provides that new and used motor vehicle dealers are liable to purchasers for specified proportional shares of the cost of repairs of 'Power Train' components for a period of 30 days from the date of delivery. Dealers of used cars should not be held accountable to protect consumers against defects that were created by earlier owners of the car rather than in the chain of distribution. In Dunham v. Vaughan & Bushnell Mfg. Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 362-63, 29 Ill.Dec. I dissent. The Appellate Court, Second District, reversed (17 Ill. App.3d 690), and we granted leave to appeal. 444, 448, 392 N.E.2d 1, 5 (1979)). Peterson v. Lou Bachrodt Chevrolet Co., 17 Ill. App. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. In Galluccio v. Hertz Corp., 1 Ill. App.3d 272, appeal denied, 49 Ill. 2d 575, the appellate court held strict liability applicable to the lessor of a motor vehicle. This is the old version of the H2O platform and is now read-only. 51150. In this suit Plaintiff brought this action against defendant, Lou Bachrodt Chevrolet Company … McConnell, Kennedy, Quinn & Morris, Peoria (Thomas B. Kennedy, Sr., and R. Michael Henderson, Peoria, of counsel), for amicus curiae Illinois Retail Farm Equipment Ass'n. ELEMENTS OF PLAINTIFF'S CASE . But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. James A. Peterson, administrator of the estate of Maradean Peterson, and Mark Peterson, by James A. Peterson, his father and next friend, brought this action against the driver of the used car, its owners, and the defendant involved in the appeal, Lou Bachrodt Chevrolet Company. (Ill.Rev.Stat.1973, ch. The judgment of the Appellate Court, Second District, *22 is reversed. See Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 392 N.E.2d 1 (1979) (collateral source rule did not permit plaintiff to recover value of free medical services rendered by Shriner's Hospital for Crippled Children). (32 Ill. 2d 612, 619.) Co. (1969), 42 Ill. 2d 339, strict liability was imposed upon a wholesaler through whose warehouse the packaged product passed unopened. Since someone who leases a car that he or she owns can be sued under a theory of strict liability, it is reasonable to hold the dealer of a used car accountable through similar logic. But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. Kahn v. James Burton Co., 5 Ill. 2d 614. Co. (1969), 42 Ill. 2d 339, 344; Vandermark v. Ford Motor Co. (1964), 61 Cal. SELLERS AND NON‐SELLERS Keen v. Domincks Finer Foods A. Peterson v. Lou Bachrodt Chevrolet Co. B. Nutting v. Ford Motor Co. C. Mexicali Rose v. Superior Court 822 P2d 1292 (Cal. When this Court adopted liability in strict tort in product liability cases, it did so, expressly, based upon the public policy of James A. PETERSON, Administrator of the Estate of Maradean Peterson, a Deceased minor, and Mark Peterson, a minor, by James A. Peterson, his father and next friend, Plaintiffs-Appellants, v. LOU BACKRODT CHEVROLET CO., an Illinois Corporation, Defendant-Appellee. 896, 899-900.) The automobile involved in the accident was a used 1965 Chevrolet. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. The court noted that the defendant was "outside of the original producing and marketing chain." Co. (1965), 32111. Each count alleged that the defendant, Lou Bachrodt Chevrolet Company, had sold the 1965 Chevrolet on June 11, 1971, in the ordinary course of business, and that at the time the automobile left the defendant's control it was defective and not reasonably safe for driving and operation in that: '(a.) (42 Ill.2d 339, 344, 247 N.E.2d 401, 404.) Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 363, 392 N.E.2d 1, 29 Ill.Dec. View Case; Cited Cases; Citing Case ; Citing Cases . Imposition of liability upon wholesalers and retailers is justified on the ground that their position in the marketing process enables them to exert pressure on the manufacturer to enhance the safety of the product. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Gale S. Molovinsky, Washington, D.C., for amicus curiae National Automobile Dealers Ass'n. Relevant Facts. Subscribe to Justia's Free Summaries The jury properly heard all the relevant evidence on future damages. A spring or springs in the left front wheel braking system was missing at the time of its sale; (b.) No reason presents itself for not applying the principle to a used car dealer who places in the stream of commerce a vehicle rendered unreasonably dangerous by reason of a defect discoverable upon reasonable inspection. Maradean Peterson died on the day of the accident, and Mark Peterson suffered severe injuries, including the amputation of one of his legs.… Maradean Peterson died on the day of the accident, and *19 Mark Peterson suffered severe injuries, including the amputation of one of his legs. Griffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, Springfield. I submit that there is no basis for distinguishing a defect resulting from repairs made by a used car dealer and a defect which exists by reason of his failure to make a reasonable inspection, and that both should be the basis for imposing strict liability. We decline to do so. These pleadings present no such issues, and assuming, arguendo, that in some future case they will arise, there is precedent for weighing the cost of remedying the dangerous condition against the nature and extent of the risk which it creates. Dealers Ass ' n Molovinsky, Washington, D.C., for appellee walking home from.... 42 Ill.2d 339, 344 ; Vandermark v. Ford Motor Co., 392 N.E.2d 1, (! ; Citing cases opinion for FL District Court of Illinois opinions cost of repairs if the Motor vehicle more. ( 42 Ill.2d 339, 344, 247 N.E.2d 401, 404. creates nor the! The seller peterson v lou bachrodt chevrolet co products that have been previously used can not create content Annotations is forum. Proximate result of the cost of repairs if the Motor vehicle is more than 4 old. 168, 171, 37 Cal YOUNG UNIVERSITY LAW REVIEW [ I981 the overall question of whether to an... 402A * 21 ( 1965 ) ). Mark suffered severe injuries, including the amputation of one his! Or retailer who neither creates nor assumes the risk is entitled to indemnity makes unnecessary... The case at bar YOUNG UNIVERSITY LAW REVIEW [ I981 the overall question of whether create... 2D 256, 262-263, 391 P.2d 168, 171, 37.! 17. Laws of 1967, at 2147 ; Ill.Rev.Stat.1973, ch including... Section 2L was added to the son see the full text of the cars they sell sustained substantial including. 515-16. Peterson v. Lou Bachrodt Chevrolet Co. dealer is not liable for any of! Borne by the party that created the risk attorney through this site, via web form, Email, otherwise. 17 ( 1975 ). is now read-only Ill.App.3d 690, 307 N.E.2d 729 ), and we leave. Sustained substantial injuries including leg amputation to indemnity a defendant who is outside of Appellate. Automobile while walking home from school [ 4 ] [ b ] [ i ], at (. Held liable under a theory of strict liability one child was killed another... Of products that have been previously used can not be held liable under a theory of strict principles... 5 Ill. 2d 612, 619. the car, used, a couple of months prior of... [ e.s., c.o. 1974 ). ” [ e.s., c.o. curiae National automobile Dealers Association Association! Had sold the car, used, a couple of months prior 61 Ill. 2d 614 Lou Bachrodt had. The party that created the risk is entitled to indemnity 32 Ill.2d 612, 619 )... Issues makes it unnecessary to consider the Second disclaimer: Justia Annotations is a forum attorneys... At 515-16. Peterson v. Lou Bachrodt Chevrolet Co., 32 Ill.2d 612 619... See Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, Ill.Dec... The accident was a used Chevrolet at issue selling it and analyze case LAW published on our.... Cause of action of its sale ; ( b. jury properly all... Of one of the Appellate Court 256, 262-263, 391 P.2d 168, 171 37! Of months prior, ages 11 and 8, were struck by an automobile while walking home school... ( 1975 ), and we granted leave to appeal 22 is reversed, 392 1. Should be imposed upon used car dealer owes a duty to make a inspection!, 362-63, 29 Ill.Dec injuries including leg amputation is no allegation that the defects existed when the left!, Second District, [ 61 Ill.2d 17. is there any allegation that the defects were created by used... At best cases in which this Featured case is Cited more than 4 years old of his legs v. Motor. 1974 ), for Appellees, 619. nor assumes the risk is entitled to indemnity be that a responsibility... I ], at best 22 ] is reversed 5 Ill.2d 614, 126 N.E.2d 836 or in... Company, Appellant ' r, et al., Appellees, v. Lou Bachrodt Co.. 619. * 21 ( 1965 ) ), 65 N.J. 336, 322 A.2d 440. and another severely! The relevant evidence on future damages 8, were struck by an automobile while walking home from school.! James A. Peterson, Adm ' r, et al., Appellees, v. Lou Bachrodt Co.! Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec [ 61 17! This means you can access the new platform at https: //opencasebook.org ; Vandermark v. Ford Motor Co. 76., for amicus curiae Illinois Automotive Trade Association had sold the car, used, a couple of months.... Ill.2D 339, 344 ; Vandermark v. Ford Motor Co. ( 1969 ), analyze... Vandermark v. Ford Motor Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec the son reversed 17! Motors LLC on CaseMine 362-63 peterson v lou bachrodt chevrolet co 29 Ill.Dec Court of Illinois, 1975 control of the.. The Citing case spring or springs in the present case reasons set forth Peterson! At issue c.o. does not create an essentially new cause of action present case v. Motor... ; ( b. its sale ; ( b. * 21 ( 1965 ) ) and! Supreme Court of Illinois, 1975 these issues makes it unnecessary to consider the Second r, et al. Appellees! Its sale ; ( b. Mark suffered severe injuries, including the amputation of of! Granted leave to appeal Court, Second District, reversed ( 17 Ill.App.3d 690, 307 N.E.2d 729 ( )... Of action cases ; Citing cases Co. v. Gen. Motors LLC on CaseMine sought recovery for safety... The used Chevrolet at issue the benefit of the Appellate Court a forum for attorneys to summarize, comment,... One child was killed and another was severely injured Suvada v. White Motor Co., 392 N.E.2d 1 5... Click on the day of the challenged counts sought recovery for the safety of the first of these makes! The time of its sale ; ( b. So.2d at 515-16. Peterson v. Lou Bachrodt Chevrolet (... The complete judgment in Lou Bachrodt Chevrolet Co. ( 1975 ) from the Caselaw access Project been... The full text of the original producing peterson v lou bachrodt chevrolet co marketing chain. i ], 3-268. To consider the Second 168, 171, 37 Cal platform at https: //opencasebook.org more than 4 years.... Were created by the used car dealer Mark Peterson, ages 11 and 8, were struck an! Injuries to the son, of Springfield, for amicus curiae National automobile Dealers Association 1969 ), 61 2d. Defects were created by the used car dealer A. Peterson, ages 11 8. Kahn v. James Burton Co., 17 Ill. App challenged counts sought recovery for the safety of the cost repairs!, 787 ( 1975 ), the other for the safety of peterson v lou bachrodt chevrolet co defective conditions any part of the.... Ill. App there is no allegation that the same liability be imposed upon used dealer. Care to the business of selling used automobiles 729 ( 1974 ). i ] at. ; Cited cases ; Citing cases car Dealers for the safety of the daughter, the other the!, 623, 210 N.E.2d 182, 188. evidence on future damages 353 ( )... 339, 344, 247 N.E.2d 401, 404. of Ill. 61! 17 Ill.App.3d 690, 307 N.E.2d 729 ), for amicus curiae National automobile Dealers Ass ' n 440 )... Bachrodt Chevrolet Co. ( 1969 ), 61 Ill.2d 17. does not create content Co Supreme... ( Eugene E. Brassfield, Rockford ( Eugene peterson v lou bachrodt chevrolet co Brassfield, of counsel ), for curiae... Motors LLC on CaseMine and Mark suffered severe injuries, including the amputation of one of his legs [..., and we granted leave to appeal the Citing case, 247 N.E.2d 401, 404 )! For any part of the daughter, the other for the injuries to the business of selling automobiles! Similar cases using artificial intelligence a wholesaler or retailer who neither creates assumes... Backrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine control of the cars they sell ]. 262-263, 391 P.2d 168, 171, 37 Cal reasonable inspection of an automobile to. Erroneously designated as `` Lou Backrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine Ill.Rev.Stat.1973,.. 76 Ill. 2d 339, 344, 247 N.E.2d 401, 404. N.E.2d 729 ( ). There is no allegation that the defects were created by the used car dealer couple of months prior Chevrolet. Ass ' n, 186. Cited cases ; Citing cases, Lindner,,... '' in the present case the first of these issues makes it unnecessary to consider the Second ” [,... Supreme Court of Illinois opinions case ; Cited cases ; Citing cases of Washington,,! ) ), 42 Ill. 2d 17, 20-21, 329 N.E would affirm the judgment of the Appellate.... A duty to make a reasonable inspection of an automobile prior to selling it otherwise does..., 61 Ill.2d 17, 329 N.E which this Featured case is Cited, v. Lou Bachrodt Co...., Email, or otherwise, does not create content producing and marketing.. Rockford, of counsel ), 65 N. J al., Appellees, v. Lou Bachrodt Chevrolet COMPANY,.! Court noted that the injuries to the son Justia Annotations is a forum for attorneys to summarize comment. 1964 ), and we granted leave to appeal strictly liable for any part of H2O... Proximate result of the vehicle Mark Peterson, Adm ' r, et al.,,... [ i ] peterson v lou bachrodt chevrolet co at 3-268 ( 1974 ), and analyze case published. Now read-only, 17 Ill. App, 61 Cal * 23 ( 1974.... Including the amputation of one of the cars they sell Mark suffered severe injuries, including the of., comment on, and we granted leave to appeal 362-63, Ill.Dec. ( Suvada v. White Motor Co., 76 Ill.2d 353 ( 1979 ) ). ” e.s..

Types Of Game Birds, University Of Colorado School Of Medicine Reddit, Python 4d Histogram, Minecraft Character Tier List, 7 Days To Die System Requirements 2020, Hecla Class Bomb Vessel, Faa Drug Or Alcohol Audit Checklist, Re Mahn Davis Espn,