Illinois Supreme Court
Jack A. Coney, Adm’r, Appellee v. J. L. G. Industries, Inc., Appellant
September 30, 198397 Ill. 2d 104
Summary
The court held that comparative fault applies in strict products-liability actions, but it does not eliminate joint and several liability. A plaintiff's recovery may be reduced only for misconduct that contributes to the injury, not for merely failing to discover or guard against a defect. The court also rejected the equal-protection challenge and affirmed the order striking the defenses, while remanding to allow amendment of the first defense.
Holding
- Comparative fault in strict-products-liability actions. Comparative fault applies after strict liability is established when both the defective product and the plaintiff's misconduct contribute to the damages. The plaintiff's recovery is reduced only by the amount of fault attributable to misconduct that contributed causally to the injury; mere failure to discover or guard against the defect is not a damage-reducing form of fault.
- Effect of comparative fault on joint and several liability. The adoption of comparative fault does not eliminate or alter the longstanding doctrine of joint and several liability.
- Equal-protection challenge to retention of joint and several liability. Retaining joint and several liability, including in a case governed by the prospective operation of contribution principles, does not deny defendants equal protection under the federal or Illinois constitutions.
Docket 56306
Cited authorities
- Rule 308
- 43 Mo. L. Rev. 431
- U.S. Const., amend. XIV, sec. 1
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