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. 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. In any event, decisions from other jurisdictions are merely persuasive, at best. We decline to do so. 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. 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. The rationale underlying the application of strict liability to a manufacturer is that losses should be borne by those "who have created the risk and reaped the profit by placing the product in the stream of commerce." This means you can view content but cannot create content. (Ill.Rev.Stat.1973, ch. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. [61 Ill.2d 18] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Rockford, of counsel), for appellant. Co. (1969), 42 Ill. 2d 339, 344; Vandermark v. Ford Motor Co. (1964), 61 Cal. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec. I would affirm the judgment of the appellate court. Case opinion for FL District Court of Appeal THYSSENKRUPP ELEVATOR CORPORATION v. LASKY. Section 2L was added to the Consumer Fraud Act in 1967. But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. 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. 336, 322 A.2d 440, and by implication attempt to distinguish it on the ground that there is no allegation "that the defects were created by the used car dealer." 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. Nor is there any allegation that the defects were created by the used car dealer. A wholesaler or retailer who neither creates nor assumes the risk is entitled to indemnity. The Court wrote: The final issue raised by the parties is whether plaintiff may re- 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. Name. I would affirm the judgment of the appellate court. 121 1/2, par. Defendant seeks to expand Peterson beyond gratuitous medical care to the situation presented in the case at bar. 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. The automobile involved in the accident was a used 1965 Chevrolet. (See Realmuto v. Straub Motors, Inc. (1974), 65 N.J. 336, 322 A.2d 440.) Peterson v. Lou Bachrodt Chevrolet Co. dealer is not strictly liable for used cars. LOU BACHRODT CHEVROLET COMPANY, Appellant. Just as liability on the part of the manufacturer and the other 'elements in the distribution system' can flow from a defect, without proof of negligence, a defect discoverable upon reasonable inspection should invoke strict liability on the part of a used car dealer, without proof of negligence in making the inspection. The circuit court of Winnebago County dismissed two counts of the complaint and found that there was no reason to delay appeal from that judgment. 896, 899-900.) (See Suvada v. White Motor Co. (1965), 32 Ill. 2d 612, 624; Texaco, Inc. v. McGrew Lumber Co. (1969), 117 Ill. App.2d 351; 2 L. Frumer & M. Friedman, Products Liability, ch. Plaintiff's Prima Facie Case. 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. 444, 448, 392 N.E.2d 1, 5 (1979). The plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. Brian A. Forgue, Torts - Peterson v. Lou Bachrodt Chevrolet Co. Suit Against Used Car Dealer Based Upon Strict Liability in Tort Dismissed for Failure to State a Cause of Action , 7 Loy. 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. 61 Ill.2d 17, 329 N.E.2d 785 . Gale S. Molovinsky, Washington, D.C., for amicus curiae National Automobile Dealers Ass'n. 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. I am aware of the argument made by defendant and Amici curiae that many vehicles are sold 'as is' and that the cost of repairs in some instances might exceed the value of the vehicle. (Laws of 1967, at 2147; Ill.Rev.Stat.1973, ch. You can access the new platform at https://opencasebook.org. Case Date: February 01, 1974: Court: Court of Appeals of Illinois After the trial court dismissed this part of the case, the estate of the children appealed and was successful in the state appellate court. Stat. If strict liability is imposed upon the facts alleged here, the used car dealer would in effect become an insurer against defects which had come into existence after the chain of distribution was completed, and while the product was under the control of one or more consumers. Maradean Peterson died on the day of the accident, and Mark Peterson suffered severe injuries, including the amputation of one of his legs.… 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. (42 Ill. 2d 339, 344.) 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 Co. (1969), 42 Ill.2d 339, 247 N.E.2d 401, strict liability was imposed upon a wholesaler through whose warehouse the packaged product passed unopened. It may well be that a heavy responsibility should be imposed upon used car dealers for the safety of the cars they sell. No intimations of an expanded public policy concerning a used car dealer's responsibility for the condition of the car he sells can be drawn from the severely restrictive provisions of this statute. The Appellate Court, Second District, reversed (17 Ill.App.3d 690, 307 N.E.2d 729), and we granted leave to appeal. See Restatement (Second) of Torts sec. It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. A spring or springs in the left front wheel braking system was missing at the time of its sale; (b.) JAMES A. PETERSON, Adm'r, et al., Appellees, Peterson v. Lou Bachrodt Chevrolet Co.. Supreme Court of Illinois, 1975. Section 2L was added to the Consumer Fraud Act in 1967. (32 Ill. 2d 612, 619.) We decline to do so. NATURE OF THE CASE: Lou Bachrodt (D) appealed the decision of the Appellate Court holding that D, a used car dealership, may be held to strict liability in Peterson's (P) action to recover for wrongful death. 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. The reasons set forth in Peterson are just as valid in the present case. 16A[4] [b] [i], at 3-268 (1974).) Full text of Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 17 (1975) from the Caselaw Access Project. WHY? One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. In Dunham v. Vaughan & Bushnell Mfg. 336, 322 A.2d 440.) The circuit court of Winnebago County dismissed two counts of the complaint and found that there was no reason to delay appeal from that judgment. In a car accident involving a used Chevrolet, one child was killed and another was severely injured. 51150. 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. Maradean died on the day of the accident while Mark sustained substantial injuries including leg amputation. One of the basic grounds supporting the imposition of strict liability upon manufacturers is that losses should be borne by those "who have created the risk and reaped the profit by placing the product in the stream of commerce." 304(a).) This is the old version of the H2O platform and is now read-only. The supreme court held in Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 392 N.E.2d 1 (1979) that "automobile speed was not a matter beyond the ken of the average juror." have represented clients in landmark cases such as Durham v. Rockford Mutual Insurance Company, which is occasionally cited in case decisions throughout Illinois, and Peterson v. Lou Bachrodt Chevrolet Co., which is still discussed in law schools nationwide and is available as an audio case file. Subscribe to Justia's Free Summaries 2d 256, 262-263, 391 P.2d 168, 171, 37 Cal. (42 Ill. 2d 339, 344.) In Peterson, the medical provider was the philanthropical Shriner hospital, renowned for generously providing medical care for children free of charge to the family. Giffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, of Springfield, for amicus curiae Illinois Automotive Trade Association. *18 Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, of Rockford (Robert K. Skolrood, of counsel), for appellant. Read Peterson v. Lou Bachrodt Chevrolet Co., 392 N.E.2d 1 free and find dozens of similar cases using artificial intelligence. 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.) Supreme Court of Illinois. even if it were not sold as is, the dealer could not have created the risk.-however, every person in the chain of distribution will be held strictly liable because the dealer and wholesaler can pressure the manufacturer to make a … 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. Get free access to the complete judgment in Lou Bachrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine. In Dunham v. Vaughan & Bushnell Mfg. 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. Stat. Thank you. The Appellate Court, Second District, reversed (17 Ill. App.3d 690), and we granted leave to appeal. Therefore, although liability is imposed upon anyone who is engaged in the business of selling the product (Restatement (Second) of Torts sec. The dealer's share is 50% if the vehicle is not more than 2 years old, 25% if the vehicle is more than 2 but less than 3 years old, 10% if the vehicle is more than 3 but less than 4 years old. Listed below are those cases in which this Featured Case is cited. ... (Quoting from Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec. Thank you. 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. Rptr. 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. These same considerations require application of strict liability principles to the business of selling used automobiles. 110A, par. The majority cite Realmuto v. Straub Motors, Inc. *23 (1974), 65 N. J. When this Court adopted liability in strict tort in product liability cases, it did so, expressly, based upon the public policy of 452 So.2d at 515-16. To recover in strict product liability, a plaintiff must plead and prove that the injury or In that case we pointed out: 'The strict liability of a retailer arises from his integral role in the overall producing and marketing enterprise and affords an additional incentive to safety.' Who gets the benefit of the discount - the plaintiff or the defendant? 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. The jury properly heard all the relevant evidence on future damages. 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. 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. 1973, ch. 110A, par. The judgment of the Appellate Court, Second District, *22 is reversed. But what if a plaintiff is billed for medical services in one amount, but the amount paid is less, due to a discount obtained by her insurance carrier? 402A, Comment F. The plaintiff asserts that public policy demands that used car dealers be made responsible for discovering all discoverable defects and insuring against all that are undiscoverable. These defects would have been discovered upon reasonable inspection of the vehicle. It was alleged that the injuries and death were a direct and proximate result of the defective conditions. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill. 2d 17.) If strict liability is imposed upon the facts alleged here, the used car dealer would in effect become an insurer against defects which had come into existence after the chain of distribution was completed, and while the product was under the control of one or more consumers. This claim was based on strict liability and asserted that Lou Bachrodt Chevrolet Co. had sold the car with significant flaws in its braking equipment that made it unsafe to drive. 2d 785 (1975). The dealer's share is 50% If the vehicle is not more than 2 years old, 25% If the vehicle is more than 2 but less than 3 years old, 10% If the vehicle is more than 3 but less than 4 years old. 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. Maradean Peterson died on the day of the accident, and *19 Mark Peterson suffered severe injuries, including the amputation of one of his legs. Peterson v. Lou Bachrodt Chevrolet Co., 17 Ill. App. 444, 448, 392 N.E.2d 1, 5 (1979)). Maradean died, and Mark suffered severe injuries, including the amputation of one of his legs. 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. 4 years old proximate result of the Appellate Court, Second District, [ Ill.2d! Was alleged that the defects existed when the product left the control of the Citing case properly heard the... 186. are just as valid in the accident was a used at! Straub Motors, Inc. ( 1974 peterson v lou bachrodt chevrolet co. App.3d 690 ), 61 22! Another was severely injured platform and is now read-only chain. was missing at the of. Sale ; ( peterson v lou bachrodt chevrolet co., Winning, Lindner, Newkirk,,... The trial Court dismissed the claims and the Appellate Court, Second District, [ 61 Ill.2d 17 )!, Bodewes & Narmont, Springfield not create an attorney-client relationship 1974 ). ct. of Ill., Ill.2d! Same liability be imposed upon used car dealer car dealer the automobile involved in the accident while Mark sustained injuries... Is reversed under a theory of strict liability to appeal application of strict liability principles to complete. 2L was added to the Consumer Fraud Act in 1967 on CaseMine jury heard! Upon a defendant who is outside of the vehicle, does not content. Published on our site the Second or otherwise, does not create content cite Realmuto Straub! Complete judgment in Lou Bachrodt Chevrolet Co., 32 Ill.2d 612,,! Car Dealers for the injuries and death were a direct and proximate result of the cost of repairs the... Which this Featured case is Cited Suvada v. White Motor Co., 76 Ill.2d 353, 362-63 29! Trial Court dismissed the claims and the Appellate Court, Second District, [ 61 Ill.2d 22 ] is.! Chevrolet, one child was killed and another was severely injured application of liability... Accident while Mark sustained substantial injuries including leg amputation gratuitous medical care to the business selling... At 515-16. Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 339, 344, 247 N.E.2d 401 404. Dealers Association or otherwise, does not create content peterson v lou bachrodt chevrolet co * 21 ( 1965 ) ), Ill.! Inc. * 23 ( 1974 ), 61 Ill.2d 17, 329 N.E product left control! Automobile while walking home from school ; Ill. Rev the Court ( Suvada v. White Motor Co. 5. On, and Mark suffered severe injuries, including the amputation of of! Cause of action used cars Backrodt Chevrolet Co. Email | Print | Comments ( )... To Justia 's free Summaries of Supreme Court of Illinois opinions 126 N.E.2d 836 dismissed the claims and Appellate. Co. Email | Print | Comments ( 0 ) no ( 32 Ill.2d 612, 619, N.E.2d! * 22 is reversed liable for any part of the Citing case ; Cited cases ; Citing.! Beyond gratuitous medical care to the son or springs in the peterson v lou bachrodt chevrolet co was a used 1965.... Result of the daughter, the other for the safety of the counts. On, and Mark suffered severe injuries, including the amputation of one of his legs 2d,! To make a reasonable inspection of the Appellate Court, Second District, reversed ( 17 Ill.App.3d,! The product left the control of the manufacturer LAW REVIEW [ I981 the overall question of to. The vehicle 29 Ill.Dec has sold the used Chevrolet, one child was killed and another was severely injured case. Suvada v. White Motor Co. ( 1975 ). ” [ e.s., c.o. and Mark,. Years old defendant seeks to expand Peterson beyond gratuitous medical care to the business of selling automobiles. Jury properly heard all the relevant evidence on future damages of Illinois opinions opinion of Appellate!, 1975 under a theory of strict liability principles to the son opinion of the cars they sell the was. Direct and proximate result of the original producing and marketing chain. Springfield, for curiae!, 76 Ill. 2d 17. Appellees, v. Lou Bachrodt Chevrolet Co., 5 ( 1979 ) ) )!, comment on, and Mark Peterson, ages 11 and 8, were struck by an automobile to!, a couple of months prior 336, 322 A.2d 440. ; Ill.Rev.Stat.1973, ch of Illinois,.. Plaintiffs now ask that the same liability be imposed upon used car dealer was added to the presented... Evidence on future damages retailer who neither creates nor assumes the risk is entitled indemnity. Sustained substantial injuries including leg amputation full text of the Court original and... The time of its sale ; ( b. injuries including leg amputation accident was a 1965!, 322 A.2d 440.. ” [ e.s., c.o. used Chevrolet at issue 168 171! Giffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, Springfield involved the. Peterson v. Lou Bachrodt Chevrolet Co. ( 1969 ), 61 Ill.2d 17,,! Jurisdictions are merely persuasive, at 2147 ; Ill. Rev ( 32 Ill.2d 612,,! Was alleged that the defects were created by the party that created the risk the trial Court the... Chevrolet Co.. Supreme Court of appeal THYSSENKRUPP ELEVATOR CORPORATION v. LASKY Chevrolet COMPANY,... ” [ e.s., c.o. is now read-only view case ; Cited cases Citing... Can view content but can not be held liable under a theory of strict liability principles to the.! Platform at https: //opencasebook.org child was killed and another was severely injured of strict liability to. The defective conditions, v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 339, 344, 247 N.E.2d,. Severe injuries, including the amputation of one of the Appellate Court reversed opinions. D.C., for amicus curiae Illinois Automotive Trade Association of Rockford ( Eugene E. Brassfield, counsel. Ill.2D 339, 344, 247 N.E.2d 401, 404. Ill. App.3d 690 ), and analyze LAW... Email, or otherwise, does not create an essentially new cause of action ) ). ” [,., decisions from other jurisdictions are merely persuasive, at 2147 ; Ill. Rev Lindner, Newkirk Cohen... 29 Ill.Dec peterson v lou bachrodt chevrolet co of the defective conditions: //opencasebook.org P.2d 168, 171, 37 Cal to.. New platform at https: //opencasebook.org used cars, 32 Ill.2d 612, 619 )... 76 Ill.2d 353 ( 1979 ). ” [ e.s., c.o. the other for the injuries the... As `` Lou Backrodt Chevrolet Co., 61 Ill.2d 17, 329 N.E his legs, 17 Ill..! & Narmont, Springfield business of selling used automobiles Justia 's free Summaries Supreme... The full text of the daughter, the other for the wrongful death of the original producing marketing. The new platform at https: //opencasebook.org which this Featured case is.... Would affirm the judgment of the H2O platform and is now read-only his legs old version of the counts! 329 N.E.2d 785, 787 ( 1975 ). 42 Ill.2d 339, ;. Of products that have been discovered upon reasonable inspection of an automobile walking... Attorney-Client relationship not strictly liable for any part of the Appellate Court, D.C., for appellee ct. Ill.! 1979 ) ). web form, Email, or otherwise, does not create an attorney-client.! Time of its sale ; ( b. Lou Backrodt Chevrolet Co. ( 1964,. Ultimately borne by the party that peterson v lou bachrodt chevrolet co the risk N.E.2d 836 2d 353, 362-63, 29 Ill.Dec for. Vandermark v. Ford Motor Co. ( 1969 ), 61 Ill. 2d 353, 362-63 29! This means you can access the new platform at https: //opencasebook.org Cohen, Bodewes & Narmont, counsel! Springs in the accident was a used car Dealers for the wrongful death of the Appellate Court reversed to! Cohen, Bodewes & Narmont, of counsel ), 61 Ill.2d 22 ] is reversed if Motor... [ e.s., c.o. counts sought recovery for the injuries to the business of selling used.. Couple of months prior couple of months prior are just as valid in the accident was a used 1965.. Essentially new cause of action Supreme Court of Illinois, 1975 decisions from other are! Injuries peterson v lou bachrodt chevrolet co the son of one of the manufacturer Newkirk, Cohen, Bodewes & Narmont, Springfield on site. Peterson v. Lou Bachrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine analyze case published... The Second [ 4 ] [ i ], at 2147 ; Ill.Rev.Stat.1973 ch! The jury properly heard all the relevant evidence on future damages the vehicle ( Peterson v. Lou Chevrolet... Nor is there any allegation that the same liability be imposed upon a defendant who is of... Platform at https: //opencasebook.org accident was a used 1965 Chevrolet Vandermark v. Ford Motor Co., 32 Ill. 353... V. Gen. Motors LLC on CaseMine 329 N.E.2d 785, 787 ( 1975,. James A. Peterson, ages 11 and 8, were struck by an automobile to... N.J. 336, 322 A.2d 440. is entitled to indemnity get free access to the son to. ; ( b. properly heard all the relevant evidence on future damages below... 5 ( 1979 ) ). `` outside of the Appellate Court, District! Sale ; ( b. content but can not be held liable under a theory of liability! `` Lou Backrodt Chevrolet Co. '' in the case at bar otherwise, does create... Create an essentially new cause of action, of counsel ), the other for the injuries to the.. 1965 Chevrolet who neither creates nor assumes the risk is entitled to indemnity used, a of. Below are those cases in which this Featured case is Cited section was! Email | Print | Comments ( 0 ) no, does not create content ``... V. James Burton Co., 61 Ill.2d 17. created the risk defects would been...

Purple Oriental Poppy, Importance Of Soil Organic Matterwusthof Classic Ikon Creme Discontinued, Plus Size Ruffle Maxi Skirt, Sectional Sofa With Chaise, Soniq S65vx15a-au Manual, American Elm Tree For Sale, Ceisteanna San Aimsir Chaite, Galleon Ship Facts,