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Keen v. Dominick’s Finer Foods, Inc.

Appellate Court of Illinois
364 N.E.2d 502 (1977)


Facts

Keen (plaintiff) was shopping for groceries at Dominick’s Finer Foods, Inc. (Dominick’s) (defendant) when the shopping cart she was using began to tip over and she was injured attempting to keep it upright. Dominick’s purchased its shopping carts from a third-party manufacturer. Dominick’s allowed its customers to use the carts free of charge. Keen brought a products-liability suit against Dominick’s based on negligence and strict liability. The trial court dismissed Keen’s strict-liability count for failure to state a claim on which relief can be granted, and Keen appealed.

Rule of Law

Issue

Holding and Reasoning (McNamara, J.)

Dissent (Simon, J.)

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