MIKOLAJCZYK v. FORD MOTOR CO.

No. 104983.

901 N.E.2d 329 (2008)

231 Ill.2d 516

Connie MIKOLAJCZYK, Indiv. and as Special Adm'r of the Estate of James Mikolajczyk, Deceased, Appellee, v. FORD MOTOR COMPANY et al., Appellants.

Supreme Court of Illinois.

Dissenting Opinion on Denial of Rehearing December 18, 2008.


Attorney(s) appearing for the Case

Winston & Strawn LLP, and Donohue Brown Mathewson & Smyth LLC, Chicago (James R. Thompson, Bruce R. Braun, Scott P. Glauberman, Pei Yuan Chung, Karen Kies DeGrand, Mark H. Boyle and William P. Ferranti, of counsel), for appellants Ford Motor Company and Mazda Motor Corporation.

Bruce R. Pfaff and Michael T. Gill, of Pfaff & Gill, Ltd., Chicago, for appellee.

Jeffrey S. Hebrank, Misty L. Wuebbels, of Hepler, Broom, MacDonald, Hebrank, True & Noce, LLC, Edwardsville, for amicus curiae Illinois Association of Defense Trial Counsel.

James A. Spizzo, Thomas A. Baker and Michael J. Waters, of Vedder Price Kaufman & Kammholz, P.C., Chicago, for amici curiae Illinois Manufacturers' Association and National Association of Manufacturers.

Stephanie A. Scharf and Mary Ann Becker, of Schoeman Updike Kaufman & Scharf, Chicago, for amicus curiae Product Liability Advisory Council, Inc.

Jeffrey W. Sarles, Erika Z. Jones and Adam C. Sloane, of Mayer Brown LLP, Chicago (John T. Whatley and Nancy Elizabeth Bell, Washington, D.C., of counsel), for amicus curiae Alliance of Automobile Manufacturers, Inc.

James P. Costello, of Costello, McMahon & Burke, Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.


OPINION

Justice GARMAN delivered the judgment of the court, with opinion:

James Mikolajczyk died of injuries sustained when the Ford Escort he was driving was struck from behind by another vehicle. His widow, as special administrator of his estate, sued the other driver, claiming negligence, and Ford Motor Company and Mazda Motor Corporation, claiming defective design of the driver's seat. Summary judgment was entered against the other driver. The claims...

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