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ALVIS v. RIBAR

Nos. 52875, 53788 cons.

85 Ill.2d 1 (1981)

421 N.E.2d 886

JAMES ALVIS, Appellant, v. JAMES RIBAR et al., Appellees. — KARIN KROHN, Adm'r, Appellant, v. ABBOTT LABORATORIES, INC., et al., Appellees.

Supreme Court of Illinois.

Modified on denial of rehearing June 4, 1981.

Attorney(s) appearing for the Case

John Bernard Cashion, of Chicago, for appellant.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini, William J. Oberts, and David P. Cutler, of counsel), for appellee Milburn Brothers, Inc.

Baker & McKenzie, of Chicago (Francis D. Morrissey and Edward J. Zulkey, of counsel), for amicus curiae Illinois Defense Counsel.

Jacobs, Williams & Montgomery, Ltd., of Chicago (Barry L. Kroll and Wyatt Jacobs, of counsel), amicus curiae.

David A. Decker, of May, Decker & Associates, Ltd., of Waukegan, for appellant.

James J. DeSanto, of Rawles, Katz, DeSanto & McKeown, Ltd., of Waukegan, for appellees.

Baker & McKenzie, of Chicago (Francis D. Morrissey and Edward J. Zulkey, of counsel), for amicus curiae Illinois Defense Counsel.

Jacobs, Williams & Montgomery, Ltd., of Chicago (Barry L. Kroll and Wyatt Jacobs, of counsel), amicus curiae.

Reversed and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

These two cases, consolidated for appeal, present a question which arises solely from the pleadings. In each, plaintiff's complaint included a count based on the doctrine of comparative negligence, which count was dismissed by the trial court on motion by the defendants. In Alvis v. Ribar, the appellate court affirmed summarily, stating, "* * * it is not for this court to attempt...

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