(Court opinion corrected 10/19/18.) Plaintiff filed strict product liability action against a nonmanufacturer defendant, alleging injuries caused by a defective product that was manufactured in China. That defendant was dismissed after providing Plaintiff with information about the product's Chines manufacturer. A default judgment of over $9 million was entered against manufacturer, but Plaintiff's efforts to collect on judgment were unsuccessful, and Plaintiff sought to reinstate the nonmanufacturer defendant. Section 2-621(b)(4) of Code of Civil Procedure permits trial court to rely on a broader range of factors than the "bankrupt or nonexistent" standard to determine if a particular manufacturer is "unable to satisfy" the judgment against it. Remanded to trial court to determine whether the manufacturer is "unable to satisfy a judgment as determined by the court".(GARMAN, BURKE, THEIS, and NEVILLE, concurring; KARMEIER and THOMAS, dissenting.)
Illinois Supreme Court
Civil Court
Strict Products Liability