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WORTEL v. SOMERSET INDUSTRIES INC.

No. 1-00-3983.

770 N.E.2d 1211 (2002)

331 Ill. App.3d 895

264 Ill.Dec. 515

Lisa WORTEL, Plaintiff-Appellant, v. SOMERSET INDUSTRIES, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied June 12, 2002.

Attorney(s) appearing for the Case

Kralovec & Marquard, Chartered, Chicago (William E. Spizzirri, Michael T. Sprengnether, of counsel), for Appellant.

Jack T. Riley, Johnson & Bell, Ltd., Chicago (Thomas H. Fegan, Kelly N. Warnick, of counsel), for Appellee.

Presiding Justice GALLAGHER delivered the opinion of the court:

Plaintiff, Lisa Wortel, appeals from the trial court's order granting summary judgment entered against her in favor of defendant, Somerset Industries. We reverse and remand. In this opinion, we clarify that the existence of an open and obvious danger is not a per se bar to finding that a product is unreasonably dangerous because of defective design so as to subject a manufacturer to liability....

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