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 … 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.'. (32 Ill.2d 612, 623, 210 N.E.2d 182, 188.) There is no allegation that the defects existed when the product left the control of the manufacturer. The Appellate Court, Second District, reversed (17 Ill. App.3d 690), and we granted leave to appeal. It is axiomatic that a used car dealer owes a duty to make a reasonable inspection of an automobile prior to selling it. 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. The judgment of the Appellate Court, Second District, [61 Ill.2d 22] is reversed. peterson v. lou bachrodt chevrolet co. Sup. 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: After the trial court dismissed this part of the case, the estate of the children appealed and was successful in the state appellate court. (42 Ill.2d 339, 344, 247 N.E.2d 401, 404.) 1973, ch. 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. 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. 159 (1976). (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. 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. Full text of Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill. 2d 17 (1975) from the Caselaw Access Project. A spring or springs in the left front wheel braking system was missing at the time of its sale; (b.) 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. But we are not aware of any judicial decision that has so held, and the General Assembly seems to have expressed a contrary view. 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." (42 Ill. 2d 339, 344.) MR. JUSTICE SCHAEFER delivered the opinion of the court: 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. 444, 448, 392 N.E.2d 1, 5 (1979)). Case Date: February 01, 1974: Court: Court of Appeals of Illinois Case opinion for FL District Court of Appeal THYSSENKRUPP ELEVATOR CORPORATION v. LASKY. Maradean Peterson died on the day of the accident, and *19 Mark Peterson suffered severe injuries, including the amputation of one of his legs. This is the old version of the H2O platform and is now read-only. 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. Maradean Peterson died on the day of the accident, and Mark Peterson suffered severe injuries, including the amputation of one of his legs.… 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.' The reasons set forth in Peterson are just as valid in the present case. 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. 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. (Suvada v. White Motor Co., 32 Ill. 2d 612, 619.) of Supreme Court of Illinois opinions. 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.' This is the old version of the H2O platform and is now read-only. Get free access to the complete judgment in Lou Bachrodt Chevrolet Co. v. Gen. Motors LLC on CaseMine. 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. Co. (1969), 42 Ill. 2d 339, 344; Vandermark v. Ford Motor Co. (1964), 61 Cal. 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. Giffin, Winning, Lindner, Newkirk, Cohen, Bodewes & Narmont, of Springfield, for amicus curiae Illinois Automotive Trade Association. It was alleged that the injuries and death were a direct and proximate result of the defective conditions. ELEMENTS OF PLAINTIFF'S CASE . Peterson v. Lou Bachrodt Chevrolet Co., 17 Ill. App. *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." 2d 785 (1975). (Laws of 1967, at 2147; Ill.Rev.Stat.1973, ch. Co. (1965), 32111. Bachrodt has sold the car, used, a couple of months prior. (Ill. Rev. 121 1/2, par. You can access the new platform at https://opencasebook.org. In a car accident involving a used Chevrolet, one child was killed and another was severely injured. 304(a).) WHY? 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. This means you can view content but cannot create content. (See Realmuto v. Straub Motors, Inc. (1974), 65 N.J. 336, 322 A.2d 440.) Listed below are those cases in which this Featured Case is cited. 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. 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. In Peterson v. Lou Bachrodt Chevrolet Co., 61 Ill.2d 17, 329 N.E.2d 785 (1975), the court declined to apply the principle of strict products liability to a used car salesman, who had sold an allegedly defective automobile that had injured the plaintiff. 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. The judgment of the Appellate Court, Second District, *22 is reversed. 444, 448, 392 N.E.2d 1, 5 (1979)).” [e.s., c.o.] Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 363, 392 N.E.2d 1, 29 Ill.Dec. These same considerations require application of strict liability principles to the business of selling used automobiles. 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 jury properly heard all the relevant evidence on future damages. Jurisdiction: Lou Bachrodt Chevrolet had sold the used Chevrolet at issue. 61 Ill.2d 17, 329 N.E.2d 785 . 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. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill.2d 17.) Plaintiff's Prima Facie Case. Peterson brought products liability suits for each of his children against Lou Bachrodt Chevrolet Co. (Bachrodt) (defendant), claiming various defects in the car. Maradean died on the day of the accident while Mark sustained substantial injuries including leg amputation. 1973, ch. 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.' Peterson v. Lou Bachrodt Chevrolet Co., 76 Ill. 2d 353, 362-63, 29 Ill.Dec. One of the challenged counts sought recovery for the wrongful death of the daughter, the other for the injuries to the son. 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. 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