After an outbreak of food poisoning at a restaurant, a number of personal injury lawsuits were filed against the restaurant as well as entities within the chain of distribution for personal injuries that were allegedly caused by contaminated cilantro. Related claims also were filed, including claims for breach of the implied warranty of merchantability filed by distributors and against wholesalers. The circuit court entered summary judgment in favor of the wholesalers, concluding that the distributor that brought the claim failed to provide them with pre-suit notice as required by the Uniform Commercial Code. The appellate court reversed, finding that summary judgment based on a lack of notice was not proper because it could not conclude that the wholesalers lacked actual pre-suit knowledge that the cilantro they sold to the distributor was claimed to be defective. (LYLE and NAVARRO, concurring)
Illinois Appellate Court
Civil Court
Uniform Commercial Code