The Illinois Appellate Court for the 1st District reversed and remanded a decision entered by a judge in the Circuit Court of Cook County. The issue on appeal was focused on a non-manufacturing defendant in a product-liability case. The defendant identified the manufacturer in order to be dismissed from strict liability in a tort claim. There was a question as to whether the manufacturer was not subject to the court’s jurisdiction and whether the plaintiff should be permitted to reinstate the non-manufacturing defendant.
In this case, Martin Cassidy was working at a warehouse when a flexible bulk container belonging to China Vitamins ripped and leaked, which made the entire stack of containers unstable. One of the stacked containers fell on Cassidy, injuring him.
In 2007, he filed a lawsuit against China Vitamins. The lawsuit alleged strict liability, negligent product liability and one count under res ipsa loquitur.