Mikolajczyk v. Ford Motor Company, A Synthesis of Approaches in Design Defect Cases

Vol. 19, No. 1 (19.1.71).

Summary: Here the Illinois Supreme Court in a product liability case held that the plaintiff and defendant are each entitled to “pick his own poison”. That is to say, a plaintiff can pursue a design defect case using either the consumer benefit or risk/utility approach and the defendant can likewise choose the more favorable doctrine in defending the claim. As the court recognized, this “menu” approach creates a myriad of problems in instructing the jury.  Read More

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)