From our private database of 14,100+ case briefs...
Dugan v. Sears, Roebuck & Co.
Appellate Court of Illinois
454 N.E.2d 64 (1983)
Carol Favia owned a lawnmower manufactured by Roper Corporation (Roper) (defendant) and sold by Sears, Roebuck & Company (Sears) (defendant). The lawnmower’s owner’s manual warned that no one other than the user of the lawnmower should be near the machine when in use. The manual also specifically warned to keep children away from the lawnmower while in the mower was in use. Favia was mowing her lawn with her Sears lawnmower, and Steve Dugan (plaintiff), a minor child, was sitting nearby. The lawnmower shot a small piece of plastic out of its discharge chute, blinding Dugan in one eye. Dugan filed a products-liability suit against Sears on the basis of strict liability. The defendants argued that even assuming their lawnmower was unreasonably dangerous, Favia’s act in failing to heed the manufacturer’s warnings was a superseding cause that was the sole proximate cause of Dugan’s injury. Dugan argued that Favia’s conduct was reasonably foreseeable, rendering Roper and Sears liable under a theory of strict liability. The jury found in favor of Roper and Sears. Dugan appealed.
Rule of Law
Holding and Reasoning (Lorenz, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.