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Civil Procedure Keyed to Friedenthal
Gray v. American Radiator & Standard Sanitary Corp.
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Gray (Plaintiff) suffered personal injuries due to the explosion of a hot water heater. Plaintiff sued Titan Valve Manufacturing Company, a foreign corporation, for negligently constructing a piece of the heater, and also sued a American Radiator & Standard Sanitary Corp, the manufacturer of the heater, in Illinois state court. Titan Vavle filed a motion to dismiss on the ground that it did no business in the state of Illinois when it sold its parts to American Radiator. American Radiator filed a cross-claim against Titan Valve seeking indemnification. Under Illinois’ long-arm statute, when a defendant commits a tortious act within the state, the defendant is subject to personal jurisdiction in Illinois. Titan Valve argued that the “tortious act” allegedly committed refers to the negligent act and not where Plaintiff was injured. The complaint and the cross claim was dismissed by the trial court because the trial court found that Illinois did not have jurisdiction. Plaintiff a ppealed.
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Topic Resources
5m 57s