Illinois Product Defect Case Reviewed By Illinois Appellate Court: Lower Court Ruling on Product Defect-Chain of Distribution Reversed

An Illinois product defect case was reviewed by the Illinois Appellate Court to determine whether the Illinois trial court had erred in granting summary judgment in favor of the defendant transporter company. In Graham v. Bostrom Seating, Inc., et al., No. 5-08-0409, the Illinois Appellate Court evaluated issues of whether the transporting company was involved in the distribution of the defective truck and thereby whether they could be held liable for the Illinois defective product lawsuit.

Graham involves a plaintiff who was injured in an International truck that was equipped with a defective seat. The truck involved in the case was owned by the defendant, Cassens Transport Company. In Graham, the plaintiff alleged that Cassens was liable for the the defective seat under Illinois product liability principles because the company served as a distributor and seller of the truck.

The plaintiff's liability claims revolved around their claims that Cassens “was in a position to make the truck reasonably safe,” and was “aware at all times . . . of the defects and/or potential for injury arising from the placement of the truck in question into the stream of commerce.” The plaintiff further alleged that Cassens profited directly from the truck's sale, or by channeling of savings for profits to its affiliated corporations or its board of directors/stockowners.