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Smith v. Eli Lilly & Co.

560 N.E.2d 324 (1990)

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Smith v. Eli Lilly & Co.

Illinois Supreme Court
560 N.E.2d 324 (1990)

EL

Facts

Sandra Smith (plaintiff) sued Eli Lilly & Co. and other drug manufacturers (collectively, the DES manufacturers) (defendants) on the bases of negligence and strict liability for injuries she alleged were caused by her mother’s ingestion of diethylstilbestrol (DES) during pregnancy. Smith claimed she had adequately proved causation on the grounds of market-share liability, a form of liability that holds a manufacturer responsible for the percentage of a claimant’s awarded damages corresponding with the percentage of the market share the manufacturer’s products represented. The DES manufacturers argued that market-share liability improperly eliminated the fundamental principle of tort law that required a claimant to prove that a manufacturer caused the claimant’s alleged injury. The trial court dismissed the DES manufacturers’ motion for summary judgment, holding market-share liability satisfied Smith’s duty to prove causation. The appellate court affirmed the dismissal of the motion. The DES manufacturers appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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