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Torts Keyed to Prosser
Peterson v. Lou Bachrodt Chevrolet Co.
Citation:
61 Ill.2d 17, 329 N.E.2d 785Facts
While they were walking home from school, the minor children, Maradean and Mark Peterson, were struck by a used 1965 Chevrolet automobile. Maradean died as a result of the accident. Mark survived, but suffered severe injuries and had to have one of his legs amputated. James Peterson (plaintiff), was the administrator of their estate, father, and next friend of Maradean and Mark. James brought suit against Lou Bachrodt Chevrolet Company (defendant), the car dealer who had sold the 1965 Chevrolet to the driver who struck the minor children. James sought recovery for the wrongful death of Maradean and for the injuries Mark suffered as a result of the accident. James alleged that the automobile was defective when it left defendant’s control and that the automobile was not reasonably safe for driving and operation. The circuit court dismissed the two counts of the complaint. The appellate court reversed the circuit court’s dismissal. Lou Bachrodt Chevrolet Company appealed to the Supreme Court of Illinois.
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Topic Resources
Topic Outline
Products LiabilityTopic Refresher Course
Products Liability, Design, and Failure to Warn