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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)

Written by Angela Patrick, JD

Facts

While working, Clifford Jasper was killed using a platform manufactured by J.L.G. Industries (JLG) (defendant). Jack Coney (plaintiff), the administrator of Jasper’s estate, claimed that the platform had been defective and sued JLG for strict products liability. JLG asserted two comparative-negligence defenses, arguing that Jasper was partially at fault because he had operated the platform negligently and that Jasper’s employer was partially at fault because it did not take actions that might have saved Jasper. To resolve uncertain questions about Illinois law, the trial court certified questions for appeal, including: (1) did comparative negligence applied to strict-products-liability claims and (2) did using the comparative-negligence doctrine eliminate joint-and-several liability. The appellate court declined to accept the appeal. However, the Illinois Supreme Court agreed to review the certified questions.

Rule of Law

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Issue

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Holding and Reasoning (Moran, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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