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KELLY v. SEARS ROEBUCK AND CO.

No. 1-98-2317.

720 N.E.2d 683 (1999)

308 Ill. App.3d 633

242 Ill.Dec. 62

Tim KELLY, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. SEARS ROEBUCK AND COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

November 5, 1999.

Attorney(s) appearing for the Case

Much, Shelist, Freed, Denenberg, Ament & Rubensein, P.C., Chicago (Michael B. Hyman and William H. London, of counsel); Lieff, Cabraser, Heimann & Bernstein. L.L.P., San Francisco, CA (Elizabeth J. Cabraser, Morris A. Ratner and Lisa J. Leebove, of counsel), and MacQuarrie & Crabtree, P.A., Ocala, FL (Christopher J. MacQuarrie and John G. Crabtree, of counsel), for Appellant.

Winston & Strawn, Chicago (Steven F. Molo, Thomas J. Wiegand, Stephen V. D'Amore and Norman K. Beck of counsel), for Appellee.

Wilson & McIlvaine, Chicago (Robert F. Forrer, of counsel), for Amicus Curiae Illinois Retail Merchants Association.

Justice QUINN delivered the opinion of the court:

Plaintiff, Tim Kelly, appeals from the circuit court's order dismissing the claims in his amended complaint with prejudice. Plaintiff brought the instant class action on behalf of himself and other purchasers of Sears Roebuck and Co.'s (Sears) DieHard® automobile batteries. The circuit court stayed all proceedings on class certification pending the resolution of Sears' motion to dismiss plaintiff's individual...

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