Coney v. J.L.G. Industries, Inc.

454 N.E.2d 197, 97 Ill. 2d 104, 73 Ill. Dec. 337 (1983)

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Coney v. J.L.G. Industries, Inc.

Illinois Supreme Court
454 N.E.2d 197, 97 Ill. 2d 104, 73 Ill. Dec. 337 (1983)

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Facts

While working, Clifford Jasper was killed using a work platform manufactured by J.L.G. Industries (JLG) (defendant). The administrator of Jasper’s estate, Jack Coney (plaintiff), sued JLG for strict products liability, alleging that the platform had been defective. JLG asserted two comparative-negligence defenses, claiming that Jasper had operated the platform negligently and that Jasper’s employer had negligently failed to take actions that might have saved Jasper. JLG also argued that using the comparative-negligence doctrine to allocate the parties’ respective faults eliminated the need to also apply the doctrine of joint and several liability. The trial court struck JLG’s defenses as inapplicable to strict-products-liability claims. However, the trial court certified questions for appeal, including whether comparative negligence applied to strict-products-liability claims and whether using the comparative-negligence doctrine eliminated the need to also apply joint and several liability. The appellate court declined to accept the appeal, but the Illinois Supreme Court agreed to review the certified questions.

Rule of Law

Issue

Holding and Reasoning (Moran, J.)

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