Solis v. BASF

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 110875
Decision Date: 
October 4, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
EPSTEIN
Holding: 
Reversed and remanded.
Plaintiff filed negligence and strict liability personal injury case, claiming injury to lungs while working with synthetic chemical used in artificial butter flavoring; jury verdict for Plainitff. Court erred in directing verdict in favor of Plaintiff on statute of limitations defense, where Defendant presented evidence that Plaintiff was aware of his lung injury and its wrongful cause more than two years before filing suit. Court erred in allowing Plaintiff to question his treating pulmonologist about his case report article, published in medical journal between time of suit filing and trial, where only function was to bolster his opinion testimony. As evidentiary and instructional errors are intertwined with extent of Defendant's liability, especially as to scope of its duty to warn which affect jery's determination on damages, a liability-only retrial is inappropriate. (McBRIDE and HOWSE, concurring.)