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CALLES v. SCRIPTO-TOKAI CORP.

No. 1-04-0218, 1-04-0219.

832 N.E.2d 409 (2005)

358 Ill. App.3d 975

295 Ill.Dec. 258

Susan CALLES, Independent Administrator of the Estate of Jillian Calles, Deceased, and Susan Calles, Individually, Plaintiffs-Appellants, v. SCRIPTO-TOKAI CORPORATION, a Corporation, Tokai Corporation, a Corporation, Defendants and Counter-defendants-Appellees (Richard Fox, and Loyola University Medical Center, a Corporation, Defendants and Counterplaintiffs-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

June 30, 2005.

Attorney(s) appearing for the Case

Corboy & Demetrio, Chicago (Thomas A. Demetrio and Margaret M. Power); Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Chicago (Michael T. Reagan), for Appellant.

Freeborn & Peters, LLP, Chicago (Michael D. Freeborn, Michael P. Kornak and Patrick J. Woytek); Van Etten Suzumoto & Becket LLP, Santa Monica, CA, for Appellee Scripto Tokai.

Dykema Gossett Rooks Pitts PLLC, Joliet (Terrence M. Burns, Pamela Davis Gorcowski and John M. Steed), for Richard Fox and Loyola U. Medical Center.

Justice McNULTY delivered the opinion of the court:

This case presents a straightforward question concerning the reach of tort law. When the defendant designed a product intended to create a flame, it did not incorporate available inexpensive technology to make the product child-resistant. A child got hold of the product and started a fire that led to her sister's death. Should the court consider the design defective because it lacked child-resistant features? We...

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