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BLUE v. ENVIRONMENTAL ENGINEERING, INC.

No. 98034.

828 N.E.2d 1128 (2005)

215 Ill.2d 78

293 Ill.Dec. 630

Glen BLUE, Appellee, v. ENVIRONMENTAL ENGINEERING, INC., et al. (Environmental Engineering, Inc., Appellant).

Supreme Court of Illinois.

Rehearing Denied May 23, 2005.

Attorney(s) appearing for the Case

John M. Coleman, of Coleman, O'Halloran & Wynn, L.L.C., Chicago (Philip J. McGuire, of counsel), for appellant.

Robert F. Lisco, James A. Karamanis, Chicago, for appellee.

David B. Mueller, Andrew D. Cassidy, Peoria, for amicus curiae Illinois Association of Defense Trial Counsel.

Bruce R. Pfaff, of Pfaff & Gill, Ltd., Chicago (James P. Costello, of Costello, McMahon & Burke, Ltd., Chicago, of counsel), for amicus curiae Illinois Trial Lawyers Association.

Justice THOMAS delivered the opinion of the court:

This case presents the questions of whether (1) the risk-utility analysis normally used in strict products liability cases is applicable to defective product design cases involving only a negligence theory of recovery; and (2) a special interrogatory, asking if the danger posed by the product was open and obvious, was properly read to the jury.

Plaintiff, Glen Blue, filed a complaint in the circuit court of...

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