Townsend v. Sears, Roebuck & Co.

227 Ill. 2d 147, 879 N.E.2d 893 (2007)

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Townsend v. Sears, Roebuck & Co.

Illinois Supreme Court
227 Ill. 2d 147, 879 N.E.2d 893 (2007)

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Facts

Michigan resident James Townsend purchased a ride-on lawnmower at his local Sears, Roebuck & Co. (Sears) (defendant) store. One day, James’s three-year-old son, Jacob, was seriously injured when James unknowingly reversed the lawnmower over him. James’s wife, Michelle Townsend (plaintiff), sued Sears both individually and on Jacob’s behalf in Illinois state court, asserting a personal-injury claim for Jacob’s injuries. Specifically, her complaint alleged strict products liability and negligence based on a design defect and failure to warn. In its defense, Sears argued in part that the Townsends’ own negligence contributed to Jacob’s injuries. Sears was a New York corporation with its headquarters and principal place of business in Illinois. The parties disputed what law governed liability and damages. Michelle argued for Illinois law, which applied strict liability to design-defect claims, did not have a statutory cap for compensatory damages, and allowed punitive damages. Sears argued in favor of Michigan law, which required proof of negligence in design-defect cases, had a statutory cap for compensatory damages for noneconomic injuries, and did not allow punitive damages. The trial and appellate courts concluded that Illinois law governed. Sears appealed.

Rule of Law

Issue

Holding and Reasoning (Freeman, J.)

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