PETERSON v. LOU BACHRODT CHEVROLET CO. Sup. Ct. of Ill., 61 Ill.2d 17, 329 N.E. 2d 785 (1975) CASE BRIEF

PETERSON V. LOU BACHRODT CHEVROLET CO.

Sup. Ct. of Ill., 61 Ill.2d 17, 329 N.E. 2d 785 (1975).

NATURE OF THE CASE: Lou Bachrodt (D) appealed the decision of the Appellate Court holding that D, a used car dealership, may be held to strict liability in Peterson's (P) action to recover for wrongful death.

FACTS: Maradean Peterson, age 11, and her brother, Mark Peterson, age 8, were struck by an automobile while they were walking home from school. Maradean died that day and Mark Peterson suffered severe injuries, including the amputation of one of his legs. The automobile was a used 1965 Chevrolet. P brought an action against the driver of the used car, its owners, and Lou Bachrodt Chevrolet Company (D) for personal injuries, and wrongful death. P alleged strict products liability in that the used 1965 Chevrolet was defective when it was sold to its current owner and was not reasonably safe for driving; the springs in the front wheel of the braking system was missing, a left rear brake shoe was completely worn out, and a part of the cylinder braking system in the left rear wheel was missing at the time of the sale. It was alleged that the injuries and death were a direct and proximate result of the defective conditions. The trial court dismissed the count against D. P appealed. The appellate court reversed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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