Wingert v. Hradisky

Plaintiff's father died from a drug overdose. Plaintiff sued the person (now deceased) who allegedly sold his father illegal drugs, under the Drug Dealer Liability Act. Section 25(b)(2) of the Act violates substantive due process under the state and federal constitutions because it arbitrarily and irrationally presumes that a defendant who participates in the illegal drug market caused the plaintiff's injury, and requires no relationship between the parties for liability to attach. Court erred in granting summary judgment for Defendant. Section 25(b)(1) of the Act is constitutional as written, and it does not include the element of proximate cause. Plain language of the Act requires only that the Defendant "knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user. (KARMEIER and GARMAN, concurring; BURKE and NEVILLE, concurring in part and dissenting in part; THEIS and KILBRIDE, concurring in part and dissenting in part.)