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Winnett v. Winnett

Supreme Court of Illinois
310 N.E.2d 1 (1974)


Teresa Kay Winnett (plaintiff), a four-year-old child, was injured when she placed her hand on a conveyor belt in a forage wagon that was being used on her grandfather’s farm. Winnett brought a design-defect suit based on strict liability against Helix Corporation (Helix) (defendant), the manufacturer of the wagon. Helix argued that it could not have reasonably foreseen that a four-year-old child would (1) be permitted to be near a running forage wagon on a farm and (2) place her hand on a conveyor belt in the wagon. The circuit court dismissed Winnett’s complaint for failure to state a claim upon which relief can be granted. The appellate court reversed. Helix appealed.

Rule of Law


Holding and Reasoning (Underwood, C.J.)

Dissent (Goldenhersh, J.)

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