Coney v. JLG Industries, Inc.

97 Ill.2d 104 (1983)

Application of comparative fault principles and joint liability in products cases.

Administrator filed a two-count complaint under the wrongful death and survival acts based on a strict products liability theory. The Circuit Court, Peoria County, Robert E. Hunt, J., struck the manufacturer’s affirmative defenses, but certified three questions for appeal. In an unpublished order, the Appellate Court denied the defendant’s application for leave to appeal. Leave to appeal was granted. The Supreme Court, Thomas J. Moran, J., held that: (1) the doctrine of comparative negligence is applicable to actions or claims seeking recovery under products liability or strict liability in tort theories; (2) the doctrine of comparative negligence does not eliminate joint and several liability; and (3) the retention of joint and several liability and a system of comparative negligence or fault does not deny equal protection of the law in causes of action arising before March 1, 1978. 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)