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LAMKIN v. TOWNER

Nos. 69498, 69499, 69506, 69519 cons.

138 Ill.2d 510 (1990)

563 N.E.2d 449

JASON LAMKIN, by his Mother and Next Friend, Carol Lamkin, et al., Appellees, v. STAN TOWNER et al., Appellants. — DUSTIN TROY PACE, by his Mother and Next Friend, Robin Pace, et al., Appellees, v. STAN TOWNER et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 30, 1990.

Attorney(s) appearing for the Case

Stephen W. Thomson and Charles C. Compton, of Reed, Armstrong, Gorman, Coffey, Thomson, Gilbert & Mudge, P.C., of Edwardsville, for appellant Stan Towner.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Stephen R. Swofford, William F. Kopis and Bruce L. Carmen, of counsel), for appellants Joseph Dooling and Kenneth Vanek.

Christopher B. Hunter, of Farrell & Long, P.C., of Godfrey, for appellant Carroll Supply & Service.

Harold A. Donovan and Clark D. Smith, of Donovan, Rose, Nester & Szewczyk, P.C., of Belleville, for appellant Gallatin Aluminum Products, Inc.

William J. Meacham, of Smith, Larson & Pitts, Ltd., of East Alton, and Robert D. Larson and G. Edward Moorman, of Alton, for appellees.

Judgments reversed; causes remanded.

JUSTICE CLARK delivered the opinion of the court:

The primary issue in this case is whether liability can be imposed under theories of negligence or strict products liability for damages sustained by a child who fell through a window screen.

On September 1, 1982, appellee Dustin Pace, a minor, lived with his mother in an apartment in Alton, Illinois. Dustin's bedroom...

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