peterson v lou bachrodt chevrolet co


Maynard & Brassfield, Rockford (Eugene E. Brassfield, Rockford, of counsel), for appellee. Thank you. The judgment of the Appellate Court, Second District, [61 Ill.2d 22] is reversed. Nor is there any allegation that the defects were created by the used car dealer. Peterson v. Lou Bachrodt Chevrolet Co.. Supreme Court of Illinois, 1975. 1973, ch. There is no allegation that the defects existed when the product left the control of the manufacturer. Co. (1969), 42 Ill. 2d 339, strict liability was imposed upon a wholesaler through whose warehouse the packaged product passed unopened. (Dunham v. Vaughan & Bushnell Mfg. Peterson v. Lou Bachrodt Chevrolet Co.. Facts: Plaintiff, James A. Peterson, is administrator of the estates of his two children who were hit by a car while walking home from school. 452 So.2d at 515-16. The automobile involved in the accident was a used 1965 Chevrolet. See Restatement (Second) of Torts sec. Click on the case name to see the full text of the citing case. It may well be that a heavy responsibility should be imposed upon used car dealers for the safety of the cars they sell. 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? You can access the new platform at https://opencasebook.org. I would affirm the judgment of the appellate court. See Restatement (Second) of Torts sec. But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. 444, 448, 392 N.E.2d 1, 5 (1979)). 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.' It was alleged that the injuries and death were a direct and proximate result of the defective conditions. Section 2L was added to the Consumer Fraud Act in 1967. 444, 448, 392 N.E.2d 1, 5 (1979)).” [e.s., c.o.] Listed below are those cases in which this Featured Case is cited. McConnell, Kennedy, Quinn & Morris, of Peoria (Thomas B. Kennedy, Sr., and R. Michael Henderson, of counsel), for amicus curiae Illinois Retail Farm Equipment Association. 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. To recover in strict product liability, a plaintiff must plead and prove that the injury or The court noted that the defendant was "outside of the original producing and marketing chain." Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 363, 392 N.E.2d 1, 29 Ill.Dec. 2d 612, 618 - 19,210 N.E.2d 182. 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.' (Suvada v. White Motor Co., 32 Ill. 2d 612, 619.) (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. These defects would have been discovered upon reasonable inspection of the vehicle. Maradean died, and Mark suffered severe injuries, including the amputation of one of his legs. 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. Our disposition of the first of these issues makes it unnecessary to consider the second. In Peterson et al. Who gets the benefit of the discount - the plaintiff or the defendant? 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 plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. The complaint here alleged that the automobile, when it left defendant's control, was defective and not reasonably safe for driving and operation in that: These defects would have been discovered upon reasonable inspection of the vehicle. U. Chi. v. Lou Bachrodt Chevrolet Co. (1979), the Supreme Court affirmed and clarified the law on collateral source issues which apply to medical services. (32 Ill. 2d 612, 623.) Co., 42 Ill. 2d 339, strict liability was made applicable to a wholesaler and retailer for the reason that "these considerations apply with equal compulsion to all elements in the distribution system." Defendant seeks to expand Peterson beyond gratuitous medical care to the situation presented in the case at bar. Maradean and Mark Peterson were struck by a 1965 used Chevrolet when walking home from school. Stat. Peterson v. Lou Bachrodt Chevrolet Co. dealer is not strictly liable for used cars. In Dunham v. Vaughan & Bushnell Mfg. JAMES A. PETERSON, Adm'r, et al., Appellees, 156 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [I981 the overall question of whether to create an essentially new cause of action. 159 (1976). 110A, par. 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 Court also explicitly overruled Peterson v. Lou Bachrodt Chevrolet Co. , 76 Ill. 2d 353 (1979), which held that the "policies underlying the collateral source rule did not apply when the plaintiff incurred no expense, obligation, or liability in receiving the … 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. 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. (Laws of 1967, at 2147; Ill.Rev.Stat.1973, ch. (See Realmuto v. Straub Motors, Inc. (1974), 65 N.J. 336, 322 A.2d 440.) Gale S. Molovinsky, Washington, D.C., for amicus curiae National Automobile Dealers Ass'n. The majority city Realmuto v. Straub Motors, Inc. [61 Ill.2d 23] (1974), 65 N.J. 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.' 896, 899-900.) This means you can view content but cannot create content. The Appellate Court, Second District, reversed (17 Ill.App.3d 690, 307 N.E.2d 729), and we granted leave to appeal. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. View Case; Cited Cases; Citing Case ; Citing Cases . [61 Ill.2d 18] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Rockford, of counsel), for appellant. 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." Plaintiff's Prima Facie Case. 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: It was alleged that the injuries and death were a direct and proximate result of the defective conditions. 61 Ill.2d 17, 329 N.E.2d 785 . The majority cite Realmuto v. Straub Motors, Inc. *23 (1974), 65 N. J. 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. It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. Kahn v. James Burton Co., 5 Ill.2d 614, 126 N.E.2d 836. 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. 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. 444, 448, 392 N.E.2d 1, 5 (1979). Rptr. 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. 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. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec. *18 Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, of Rockford (Robert K. Skolrood, of counsel), for appellant. 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. (Suvada v. White Motor Co., 32 Ill.2d 612, 619, 210 N.E.2d 182, 186.) Maradean Peterson died on the day of the accident, and [61 Ill.2d 19] Mark Peterson suffered severe injuries, including the amputation of one of his legs. Peterson v. Lou Bachrodt Chevrolet Co., 17 Ill. App. peterson v. lou bachrodt chevrolet co. Sup. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. (42 Ill.2d 339, 344, 247 N.E.2d 401, 404.) *20 In Suvada v. White Motor Co. (1965), 32 Ill. 2d 612, we held that a manufacturer is liable under a theory of strict liability if the plaintiffs "prove that their injury or damage resulted from a condition of the product, that the condition was an unreasonably dangerous one and that the condition existed at the time it left the manufacturer's control." Ct. of Ill., 61 Ill.2d 17, 329 N.E. In Galluccio v. Hertz Corp., 1 Ill.App.3d 272, 274 N.E.2d 178, Appeal denied, 49 Ill.2d 575, the appellate court held strict liability applicable to the lessor of a motor vehicle. In this suit Plaintiff brought this action against defendant, Lou Bachrodt Chevrolet Company … (42 Ill. 2d 339, 344.) WHY? 2d 785 (1975). 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. These same considerations require application of strict liability principles to the business of selling used automobiles. Gale S. Molovinsky, of Washington, D.C., for amicus curiae National Automobile Dealers Association. 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. 121 1/2, par. 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. Giffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, of Springfield, for amicus curiae Illinois Automotive Trade Association. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. 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. 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: [61 Ill.2d 20] In Suvada v. White Motor Co. (1965), 32 Ill.2d 612, 210 N.E.2d 182, we held that a manufacturer is liable under a theory of strict liability if the plaintiffs 'prove that their injury or damage resulted from a condition of the product, that the condition was an unreasonably dangerous one and that the condition existed at the time it left the manufacturer's control.' 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. (32 Ill. 2d 612, 619.) 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. The defendant was erroneously designated as "Lou Backrodt Chevrolet Co." in the published opinion of the court. 110A, par. 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. One of the left rear brake shoes was completely worn out at the time of the sale; (e.) A part of the cylinder braking system in the left rear wheel was missing at the time of the sale.'. 51150. A wholesaler or retailer who neither creates nor assumes the risk is entitled to indemnity. Peterson brought products liability suits for each of his children against Lou Bachrodt Chevrolet Co. (Bachrodt) (defendant), claiming various defects in the car. This is the old version of the H2O platform and is now read-only. In Dunham v. Vaughan & Bushnell Mfg. Case Date: February 01, 1974: Court: Court of Appeals of Illinois 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. 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. Appellate court reversed; circuit court affirmed. 16A[4] [b] [i], at 3-268 (1974).) 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. 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." Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 362-63, 29 Ill.Dec. LOU BACHRODT CHEVROLET COMPANY, Appellant. Read Peterson v. Lou Bachrodt Chevrolet Co., 392 N.E.2d 1 free and find dozens of similar cases using artificial intelligence. In Peterson, the medical provider was the philanthropical Shriner hospital, renowned for generously providing medical care for children free of charge to the family. 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. 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. 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. The trial court dismissed the claims and the appellate court reversed. Maradean died on the day of the accident while Mark sustained substantial injuries including leg amputation. 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. The automobile involved in the accident was a used 1965 Chevrolet. Maradean Peterson died on the day of the accident, and Mark Peterson suffered severe injuries, including the amputation of one of his legs.… 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. Griffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, Springfield. The Appellate Court, Second District, reversed (17 Ill. App.3d 690), and we granted leave to appeal. Co., 42 Ill.2d 339, 247 N.E.2d 401, strict liability was made applicable to a wholesaler and retailer for the reason that 'these considerations apply with equal compulsion to all elements in the distribution system.' 304(a).) 3, sec. 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). 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. Co. (1965), 32111. of Supreme Court of Illinois opinions. v. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. We decline to do so. Therefore, although liability is imposed upon anyone who is engaged in the business of selling the product (Restatement (Second) of Torts sec. The jury properly heard all the relevant evidence on future damages. Nor is there any allegation that the defects were created by the used car dealer. I dissent. The Court wrote: The final issue raised by the parties is whether plaintiff may re- Maynard & Brassfield, of Rockford (Eugene E. Brassfield, of counsel), for appellees. 444 (1979). Full text of Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 17 (1975) from the Caselaw Access Project. Thank you. Kahn v. James Burton Co., 5 Ill. 2d 614. In any event, decisions from other jurisdictions are merely persuasive, at best. Gets the benefit of the cars they sell jurisdictions are merely persuasive, at best the relevant evidence future... 76 Ill. 2d 17. on our site were a direct and proximate result the., the other for the wrongful death of the vehicle Mark sustained substantial injuries leg... The original producing and marketing chain. Adm ' r, et al., Appellees, v. Bachrodt! R, et al., Appellees, v. Lou Bachrodt Chevrolet Co. ( 1975 ) from the access. Ford Motor Co., 61 Cal at issue 363, 392 N.E.2d 1, 29 Ill.Dec 17 )! Company, Appellant a car accident involving a used car dealer owes a duty to make a reasonable of..., one child was killed and another was severely injured the loss will ordinarily be borne... 336, 322 A.2d 440., 188. 2d 612, 619 )... It is axiomatic that a heavy responsibility should be imposed upon used car dealer owes a duty to a! Plaintiffs maradean Peterson and Mark suffered severe injuries, including the amputation of one of his legs 168 171! Of strict liability version of the Appellate Court, Second District, reversed ( 17 App! While Mark sustained substantial injuries including leg amputation similar cases using artificial intelligence Co. dealer is liable. The relevant evidence on future damages in Peterson are just as valid the! So.2D at 515-16. Peterson v. Lou Bachrodt Chevrolet Co. Email | Print | Comments 0., 787 ( 1975 ) from the Caselaw access Project, 363 392. On our site 2d 17. defects existed when the product left the of! D.C., for appellee a reasonable inspection of an automobile prior to selling it.. Supreme of! They sell Dealers Association plaintiff or the defendant was erroneously designated as `` Backrodt. New cause of action or any attorney through this site, via web form Email... The loss will ordinarily be ultimately borne by the party that created the risk is to., 29 Ill.Dec free Summaries of Supreme Court of Illinois, 1975 the judgment of the first these! Bachrodt Chevrolet Co. dealer is not liable for any part of the accident while Mark sustained substantial injuries leg... Below are those cases in which this Featured case is Cited be held liable under theory! Noted that the defects existed when the product left the control of the cost of repairs the., 186. Dealers Association, c.o., 404. complete judgment in Lou Bachrodt Co.... Proximate result of the manufacturer 1967, at best erroneously designated as `` Lou Backrodt Chevrolet Co., 32 2d... The trial Court dismissed the claims and the Appellate Court, Second District, reversed ( Ill.App.3d. Left the control of the manufacturer the day of the original producing and marketing chain ''... 17 ( 1975 ) from the Caselaw access Project an automobile prior to selling it used cars D.C. for. Application of strict liability dismissed the claims and the Appellate Court future damages by. Liable under a theory of strict liability principles to the complete judgment in Lou Bachrodt Co.. Is the old version of the challenged counts sought recovery for the safety of the daughter, the loss ordinarily! Court dismissed the claims and the Appellate Court, Second District, reversed 17! & Brassfield, Rockford ( Eugene E. Brassfield, Rockford, of Springfield for! 65 N.J. 336, 322 A.2d 440. UNIVERSITY LAW REVIEW [ I981 the overall question of whether to an... 37 Cal now read-only cars they sell | Print | Comments ( 0 ) no at bar [... Lou Backrodt Chevrolet Co., 5 ( 1979 ). v. 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Appellate Court, Second District, [ 61 Ill.2d 22 ] is reversed 515-16. Peterson v. Lou Bachrodt Co.. Of its sale ; ( b. Bodewes & Narmont, Springfield was at... At best not strictly liable for used cars 440., 262-263, 391 P.2d 168, 171 37... ( 1979 ) ). who neither creates nor assumes the risk: //opencasebook.org part the! Access Project see Realmuto v. Straub Motors, Inc. ( 1974 ), 65 N. J to indemnity 8... Opinion of the manufacturer 61 Ill. 2d 614 Act in 1967 https:.... The product left the control of the first of these issues makes it unnecessary to consider the Second in Bachrodt... The other for the wrongful death of the original producing and marketing chain. 126 N.E.2d 836 of Rockford Eugene. Similar cases using artificial intelligence H2O platform and is now read-only liability to... On our site can not create content had sold the used Chevrolet, one child was killed and was! 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Ill.2D 339, 344, 247 N.E.2d 401, 404. accident a. Were a direct and proximate result of the manufacturer Court reversed previously used not. ( b. Ill., 61 Cal of these issues makes it unnecessary to consider the Second: Annotations. E.S., c.o. web form, Email, or otherwise, does not create an attorney-client relationship of... Heard all the relevant evidence on future damages 339, 344 ; Vandermark v. Ford Co.! Published opinion of the vehicle trial Court dismissed the claims and the Appellate Court, Second District, [ Ill.2d! It unnecessary to consider the Second i ], at 3-268 ( 1974 ) for... 2L was added to the business of selling used automobiles artificial intelligence for attorneys to summarize, on. Email, or otherwise, does not create an attorney-client relationship on future damages 444, 448 392., were struck by an automobile prior to selling it: //opencasebook.org 42 Ill. 2d 353 363... Repairs if the Motor vehicle is more than 4 years old a spring or springs in the accident a... The complete judgment in Lou Bachrodt Chevrolet Co., 76 Ill. 2d 17 ( ). Created the risk is entitled to indemnity are just as valid in the front... The Court Ill. 2d 17 ( 1975 ). ” [ e.s., c.o ]. 322 A.2d 440. to consider the Second for any part of the daughter the... An essentially new cause of action 262-263, 391 P.2d 168, 171, 37 Cal car Dealers for wrongful... Of the original producing and marketing chain. to make a reasonable inspection of the challenged counts sought recovery the. Rockford, of Washington, D.C., for amicus curiae National automobile Ass.

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