In consolidated appeals of separate cases, the plaintiffs brought law suits alleging that they were born with severe birth defects allegedly caused when their parents were exposed to toxic chemicals while employed at a semiconductor manufacturing facility in Arizona owned by defendant, a corporation headquartered in Chicago. In both cases, the circuit court granted summary judgment for the defendant finding that it did not owe plaintiffs a duty under Arizona law. The trial court also denied plaintiff’s leave to amend their complaints to allege punitive damages. The appellate court reversed both orders, finding that there was a genuine issue of material fact as to whether the defendant owed a duty under section 324A of the Restatement (Second) of Torts. (HOFFMAN and OCASIO, concurring)
Illinois Appellate Court
Civil Court
Tort Law