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peterson v lou bachrodt chevrolet co

(Suvada v. White Motor Co., 32 Ill.2d 612, 619, 210 N.E.2d 182, 186.) 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. [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.' Gale S. Molovinsky, Washington, D.C., for amicus curiae National Automobile Dealers Ass'n. 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." 51150. In Peterson, the medical provider was the philanthropical Shriner hospital, renowned for generously providing medical care for children free of charge to the family. We decline to do so. *18 Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, of Rockford (Robert K. Skolrood, of counsel), for appellant. 336, 322 A.2d 440.) 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. Kahn v. James Burton Co., 5 Ill.2d 614, 126 N.E.2d 836. Appellate court reversed; circuit court affirmed. 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. 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 444, 448, 392 N.E.2d 1, 5 (1979)). Stat. The reasons set forth in Peterson are just as valid in the present case. [61 Ill.2d 18] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Rockford, of counsel), for appellant. Subscribe to Justia's Free Summaries 3, sec. 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. 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. 110A, par. Peterson v. Lou Bachrodt Chevrolet Co., 17 Ill. App. v. Lou Bachrodt Chevrolet Co. (1979), the Supreme Court affirmed and clarified the law on collateral source issues which apply to medical services. 156 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [I981 the overall question of whether to create an essentially new cause of action. 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. Peterson v. Lou Bachrodt Chevrolet Co. dealer is not strictly liable for used cars. 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. (32 Ill.2d. To recover in strict product liability, a plaintiff must plead and prove that the injury or See Restatement (Second) of Torts sec. View Case; Cited Cases; Citing Case ; Citing Cases . The dealer is not liable for any part of the cost of repairs if the motor vehicle is more than 4 years old. Peterson v. Lou Bachrodt Chevrolet Co.. Supreme Court of Illinois, 1975. 2d 612, 618 - 19,210 N.E.2d 182. I would affirm the judgment of the appellate court. Section 2L was added to the Consumer Fraud Act in 1967. 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. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 444, 448, 392 N.E.2d 1, 5 (1979)).” [e.s., c.o.] 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. 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. 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. Name. This is the old version of the H2O platform and is now read-only. Listed below are those cases in which this Featured Case is cited. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. After the trial court dismissed this part of the case, the estate of the children appealed and was successful in the state appellate court. 110A, par. Griffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, Springfield. 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. Get free access to the complete judgment in Lou Bachrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine. 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. U. Chi. 2d 785 (1975). 3d 690, 307 N.E.2d 729 (1974). The automobile involved in the accident was a used 1965 Chevrolet. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. PETERSON v. LOU BACHRODT CHEVROLET CO. Email | Print | Comments (0) No. A wholesaler or retailer who neither creates nor assumes the risk is entitled to indemnity. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. The Appellate Court, Second District, reversed (17 Ill. App.3d 690), and we granted leave to appeal. 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. In any event, decisions from other jurisdictions are merely persuasive, at best. Nor is there any allegation that the defects were created by the used car dealer. You can access the new platform at https://opencasebook.org. In Dunham v. Vaughan & Bushnell Mfg. 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. 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. (42 Ill. 2d 339, 344.) Maradean Peterson died on the day of the accident, and *19 Mark Peterson suffered severe injuries, including the amputation of one of his legs. Maynard & Brassfield, Rockford (Eugene E. Brassfield, Rockford, of counsel), for appellee. 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. 2d 256, 262-263, 391 P.2d 168, 171, 37 Cal. Thank you. 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. 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). (Dunham v. Vaughan & Bushnell Mfg. (32 Ill.2d 612, 623, 210 N.E.2d 182, 188.) 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: (c.) A part of the cylinder braking system in the left rear wheel was missing at the time of the sale.'. 121 1/2, par. Maradean Peterson died on the day of the accident, and Mark Peterson suffered severe injuries, including the amputation of one of his legs.… Maynard & Brassfield, of Rockford (Eugene E. Brassfield, of counsel), for appellees. -5-Bachrodt Chevrolet Co., 76 Ill. 2d 353, 363 (1979) (citing Adams Co. v. George, 227 Ill. 64, 69 (1907)). The Appellate Court, Second District, reversed (17 Ill.App.3d 690, 307 N.E.2d 729), and we granted leave to appeal. Jurisdiction: The dealer is not liable for any part of the cost of repairs if the motor vehicle is more than 4 years old. Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 363, 392 N.E.2d 1, 29 Ill.Dec. (Laws of 1967, at 2147; Ill.Rev.Stat.1973, ch. Case Date: February 01, 1974: Court: Court of Appeals of Illinois of Supreme Court of Illinois opinions. In Dunham v. Vaughan & Bushnell Mfg. 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. We decline to do so. This means you can view content but cannot create content. Click on the case name to see the full text of the citing case. The trial court dismissed the claims and the appellate court reversed. These same considerations require application of strict liability principles to the business of selling used automobiles. (32 Ill. 2d 612, 619.) A spring or springs in the left front wheel braking system was missing at the time of its sale; (b.) 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.' Peterson brought products liability suits for each of his children against Lou Bachrodt Chevrolet Co. (Bachrodt) (defendant), claiming various defects in the car. The plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. (See Realmuto v. Straub Motors, Inc. (1974), 65 N.J. 336, 322 A.2d 440.) There is no allegation that the defects existed when the product left the control of the manufacturer. 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." 402A *21 (1965)), the loss will ordinarily be ultimately borne by the party that created the risk. 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. 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. v. Our disposition of the first of these issues makes it unnecessary to consider the second. 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. 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: 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.' 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 Court wrote: The final issue raised by the parties is whether plaintiff may re- 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. JAMES A. PETERSON, Adm'r, et al., Appellees, 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. I would affirm the judgment of the appellate court. 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.) 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. 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. 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. Maradean and Mark Peterson were struck by a 1965 used Chevrolet when walking home from school. 304(a).) 304(a).) 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. 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. 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. 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. Co. (1965), 32111. 121 1/2, par. See Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 17, 20-21, 329 N.E.2d 785, 787 (1975). 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. (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. Gale S. Molovinsky, of Washington, D.C., for amicus curiae National Automobile Dealers Association. L. J. These same considerations require application of strict liability principles to the business of selling used automobiles. 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. See Restatement (Second) of Torts sec. The majority cite Realmuto v. Straub Motors, Inc. *23 (1974), 65 N. J. There is no allegation that the defects existed when the product left the control of the manufacturer. Plaintiffs Maradean Peterson and Mark Peterson, ages 11 and 8, were struck by an automobile while walking home from school. 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. 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. 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 automobile involved in the accident was a used 1965 Chevrolet. WHY? (Laws of 1967, at 2147; Ill. Rev. 444 (1979). In Peterson et al. Lou Bachrodt Chevrolet had sold the used Chevrolet at issue. It may well be that a heavy responsibility should be imposed upon used car dealers for the safety of the cars they sell. I dissent. In Dunham v. Vaughan & Bushnell Mfg. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill.2d 17.) Because jurors do not need “specialized knowledge in engineering or to perform scientific calculations to estimate the speed of an automobile.” Watkins v. Schmitt, 172 Ill.2d 193 (1996). It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. Ill. Rev the dealer is not liable for any part of the challenged counts sought for. 1965 Chevrolet, used, a couple of months prior Motor Co., 76 2d. Defects were created by the party that created the risk is entitled to indemnity liable under a of. 452 So.2d at 515-16. Peterson v. Lou Bachrodt Chevrolet had sold the car,,. 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