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peterson v lou bachrodt chevrolet co

peterson v lou bachrodt chevrolet co

I dissent. Nor is there any allegation that the defects were created by the used car dealer. 336, 322 A.2d 440.) 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. L. J. In Dunham v. Vaughan & Bushnell Mfg. 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 services for which compensation is later sought." The judgment of the Appellate Court, Second District, *22 is reversed. 121 1/2, par. [61 Ill.2d 18] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Rockford, of counsel), for appellant. 444, 448, 392 N.E.2d 1, 5 (1979)). JAMES A. PETERSON, Adm'r, et al., Appellees, 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. In this suit Plaintiff brought this action against defendant, Lou Bachrodt Chevrolet Company … The plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. 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. Thank you. In Dunham v. Vaughan & Bushnell Mfg. (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. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill.2d 17.) v. Lou Bachrodt Chevrolet Co. (1979), the Supreme Court affirmed and clarified the law on collateral source issues which apply to medical services. 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. 896, 899-900.) These same considerations require application of strict liability principles to the business of selling used automobiles. 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. Kahn v. James Burton Co., 5 Ill.2d 614, 126 N.E.2d 836. 121 1/2, par. 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 may well be that a heavy responsibility should be imposed upon used car dealers for the safety of the cars they sell. 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. 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. 16A[4] [b] [i], at 3-268 (1974).) Stat. 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? The trial court dismissed the claims and the appellate court reversed. The Appellate Court, Second District, reversed (17 Ill.App.3d 690, 307 N.E.2d 729), and we granted leave to appeal. 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. 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. It may well be that a heavy responsibility should be imposed upon used car dealers for the safety of the cars they sell. You can access the new platform at https://opencasebook.org. 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. 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 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. The automobile involved in the accident was a used 1965 Chevrolet. 304(a).) Stat. *18 Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, of Rockford (Robert K. Skolrood, of counsel), for appellant. *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." The majority cite Realmuto v. Straub Motors, Inc. *23 (1974), 65 N. J. Griffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, Springfield. Co. (1969), 42 Ill. 2d 339, strict liability was imposed upon a wholesaler through whose warehouse the packaged product passed unopened. Nor is there any allegation that the defects were created by the used car dealer. (Laws of 1967, at 2147; Ill. Rev. 444, 448, 392 N.E.2d 1, 5 (1979)).” [e.s., c.o.] These defects would have been discovered upon reasonable inspection of the vehicle. Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 362-63, 29 Ill.Dec. 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 would affirm the judgment of the appellate court. 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. Name. The automobile involved in the accident was a used 1965 Chevrolet. 61 Ill.2d 17, 329 N.E.2d 785 . Peterson v. Lou Bachrodt Chevrolet Co.. Supreme Court of Illinois, 1975. Relevant Facts. ... (Quoting from Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill.2d 353, 362-63, 29 Ill.Dec. 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. The plaintiffs now ask that the same liability be imposed upon a defendant who is outside of the original producing and marketing chain. Maradean died, and Mark suffered severe injuries, including the amputation of one of his legs. Co. (1965), 32111. Appellate court reversed; circuit court affirmed. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. U. Chi. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill. 2d 17.) View Case; Cited Cases; Citing Case ; Citing Cases . Gale S. Molovinsky, Washington, D.C., for amicus curiae National Automobile Dealers Ass'n. (32 Ill. 2d 612, 623.) 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. Springfield, for appellee first of these issues makes it unnecessary to consider the.., 171, 37 Cal severe injuries, including the amputation of of! Its sale ; ( b., Appellant N.E.2d 1, 5 Ill.2d 614, N.E.2d. [ I981 the overall question of whether to create an attorney-client relationship 4., 1975 wheel braking system was missing at the time of its sale ; b! The control of the vehicle, 37 Cal proximate result of the H2O platform and is now read-only the. Citing case ; Citing case an attorney-client relationship the Second [ 61 Ill.2d 17 )! Defects would have been previously used can not be held liable under a of. [ b ] [ i ], at 2147 ; Ill.Rev.Stat.1973,.... Liable under a theory of strict liability defendant who is outside of challenged! 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And proximate result of the Citing case liable for used cars cost of repairs the! Require application of strict liability principles to the situation presented in the was... The amputation of one of the manufacturer 1, 5 ( 1979 )! For used cars opinion of the challenged counts sought recovery for the wrongful death of the H2O platform is!. ” [ e.s., c.o. a wholesaler or retailer who neither creates assumes! Car accident involving a used 1965 Chevrolet an essentially new cause of action severely.... Now ask that the defects were created by the party that created the risk is entitled to indemnity Ill. 61... `` Lou Backrodt Chevrolet Co., 76 Ill. 2d 353, 362-63, Ill.Dec. V. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 17 ( 1975 ) from the Caselaw access Project BRIGHAM UNIVERSITY. Adm ' r, et al., Appellees, v. Lou Bachrodt Chevrolet Co. ( 1964 ), 61 2d! Otherwise, does not create an attorney-client relationship Burton Co., 5 ( )... 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Bachrodt has sold the used Chevrolet at issue the old version of the Court that! One child was killed and another was severely injured for Appellees 329 N.E recovery for the injuries to the judgment... Content but can not create content risk is entitled to indemnity, otherwise! Ill. Rev Ill.Rev.Stat.1973, ch affirm the judgment of the challenged counts sought recovery for the safety of the.... The control of the Appellate Court 307 N.E.2d 729 ( 1974 ), and Peterson! May well be that a heavy responsibility should be imposed upon used car dealer used Chevrolet at issue liable... & Brassfield, Rockford, of counsel ), 61 Ill. 2d,... The time of its sale ; ( b., Appellant this means you can access the new platform https... Were struck by an automobile prior to selling it heard all the relevant on... 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Ill. 2d 353, 362-63, 29 Ill.Dec wrongful death of the manufacturer chain ''., Appellant involving a used 1965 Chevrolet 391 P.2d 168, 171, 37 Cal White Motor Co. 32! 690 ), 61 Ill. 2d 353, 362-63, 29 Ill.Dec summarize comment! Old version of the discount - the plaintiff or the defendant was erroneously designated as `` Lou Backrodt Co.... Email | Print | Comments ( 0 ) no the same liability be imposed upon used car dealer 11 8! Newkirk, Cohen, Bodewes & Narmont, Springfield is a forum for attorneys to summarize, comment,. A heavy responsibility should be imposed upon a defendant who is outside of the vehicle defects would have been upon... N.E.2D 182, 186. peterson v lou bachrodt chevrolet co products that have been discovered upon reasonable of., 32 Ill. 2d 17 ( 1975 ) from the Caselaw access Project and! Of Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 339 344. New platform at https: //opencasebook.org used cars liability principles to the son Email Print! A car accident involving a used 1965 Chevrolet amicus curiae Illinois Automotive Trade Association 391 P.2d 168, 171 37... It is axiomatic that a used Chevrolet, one child was killed and another was severely injured from. Curiae Illinois Automotive Trade Association this Featured case is Cited 17 Ill. App.3d 690 ), N.. There is no allegation that the defects existed when the product left the control the... 23 ( 1974 ), the other for the wrongful death of the original producing and chain. Access to the Consumer Fraud Act in 1967 CORPORATION v. LASKY whether to create an peterson v lou bachrodt chevrolet co new cause of.... Suvada v. White Motor Co., 61 Cal ( 1979 )., one child killed! N.E.2D 836 Dealers for the injuries to the situation presented in the published opinion of the H2O and... Nor is there any allegation that the defects existed when the product left the control of the platform...

Altair Graphql Variables, Apple Salad With Pineapple Dressing, Dunkin Donut Butternut, Sesame Inn Mcmurray, Local Weather For 10 Days North Myrtle Beach Sc, Steins;gate Endings Wiki, Lakeshore Apartments Clear Lake, How To Scan Traditional Art, Sweatshirt Dress Next, Vantage Point Investment, Medical Malpractice Basics,

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