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SMITH v. AMERICAN MOTORS SALES CORP.

No. 1-89-1119.

576 N.E.2d 146 (1991)

215 Ill. App.3d 951

159 Ill.Dec. 477

James M. SMITH, Plaintiff-Appellant, v. AMERICAN MOTORS SALES CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

June 14, 1991.

Attorney(s) appearing for the Case

Peterson, Ross, Schloerb & Seidel, Chicago (Tracy C. Beggs, Mary F. Andreoni, of counsel), for defendant-appellee.

Karlin and Fleisher, Chicago (David A. Novoselsky, Linda A. Bryceland, Michael Leuer, of counsel), for plaintiff-appellant.

Justice GORDON delivered the opinion of the court:

In this products liability case, the principal question which we face is whether the injured plaintiff, James M. Smith, (Smith) seeking recovery upon the theory of strict liability in tort must establish that the risks inherent in driving a Jeep with his bare left foot extended outside of the passenger compartment did not constitute an open and obvious danger. We conclude that he failed to establish a material issue...

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