Portwood v. Ford Motor Co.

685 N.E.2d 941, 292 Ill. App. 3d 478, 226 Ill. Dec. 486, 34 U.C.C. Rep. Serv. 2d (West) 1063, 1997 Ill. App. LEXIS 662
CourtAppellate Court of Illinois
DecidedSeptember 8, 1997
Docket1-96-1181
StatusPublished
Cited by11 cases

This text of 685 N.E.2d 941 (Portwood v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Portwood v. Ford Motor Co., 685 N.E.2d 941, 292 Ill. App. 3d 478, 226 Ill. Dec. 486, 34 U.C.C. Rep. Serv. 2d (West) 1063, 1997 Ill. App. LEXIS 662 (Ill. Ct. App. 1997).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

This appeal represents the latest chapter in a litigation odyssey, Homeric in both size and duration, that spans two decades. The most recent class action complaint sought relief for 52 named plaintiffs— owners of certain Ford automobiles — and all others similarly situated throughout the nation, against defendant Ford Motor Company for damages and injuries caused by certain allegedly defective vehicles it manufactured during the 1976-79 model years. Plaintiffs appeal the trial court’s dismissal of the complaint as time-barred, and we affirm.

BACKGROUND 1

Plaintiffs have filed five proposed nationwide class actions related to these allegedly defective vehicles in four distinct jurisdictions. Each action alleged that the vehicles would suddenly jump out of park — that is, shift from park to reverse — while left unattended. These "park to reverse” incidents resulted in the injuries and property damage for which plaintiffs have sought recovery. The proposed class actions are as follows: (1) Walsh v. Ford Motor Co., No. 81— 1998 (D.D.C., August 21, 1981); (2) Thoubboron v. Ford Motor Co., No. 91 — CA—01642 (D.C. Super. Ct., February 6, 1991); (3) Doutt v. Ford Motor Co., No. 212 (Pa. C. P. Phila. Co., April 1, 1991) (Doutt I); (4) Portwood v. Ford Motor Co., No. 91 CH 4442 (Ill. Cir. Ct. Cook Co., May 14, 1991), the present case before this court; and (5) Doutt v. Ford Motor Co., No. 94 CH 3999 (Ill. Cir. Ct. Cook. Co., May 3, 1994) (Doutt II) 2 .

The only previous action directly relevant to our disposition of this case is Walsh v. Ford Motor Co. On March 26, 1990 — after nearly nine years of litigation — the United States District Court for the District of Columbia ultimately denied plaintiffs’ motion for recertification as a class, due to the unmanageability of the case as a class action. Walsh v. Ford Motor Co., 130 F.R.D. 260, 277 (D.D.C. 1990); see also Walsh v. Ford Motor Co., 130 F.R.D. 514 (D.D.C. 1990) (denying plaintiffs’ motion to reconsider). The court also dismissed the plaintiffs’ individual claims, noting that said claims failed to satisfy the jurisdictional requirements of either the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq. (1981)) or federal diversity jurisdiction (28 U.S.C. § 1332 (1981)). Walsh, 130 F.R.D. at 277. Plaintiffs filed a motion to reconsider the dismissal of their individual claims, arguing that a multiparty action might be maintained under Magnuson-Moss and the joinder provision of Rule 20 of the Federal Rules of Civil Procedure. Walsh v. Ford Motor Co., 130 F.R.D. 514 (D.D.C. 1990). The trial court disagreed and denied plaintiffs’ motion on May 14, 1990. 130 F.R.D. at 516. In October 1991, the United States Court of Appeals for the D.C. Circuit dismissed plaintiffs’ appeal on jurisdictional grounds. Walsh v. Ford Motor Co., 945 F.2d 1188 (D.C. Cir. 1991).

Plaintiffs filed the present action, Portwood v. Ford Motor Co., on May 14, 1991, precisely one year after their motion for reconsideration was denied in Walsh. The complaint named 52 plaintiffs — 47 of whom had been named in the earlier Walsh case. Plaintiffs styled their complaint as a two-count action for breach of warranty. Early on, the trial court stayed Portwood because of the pending actions in other jurisdictions, but that stay was reversed on a previous appeal to this court. Portwood v. Ford Motor Co., 272 Ill. App. 3d 1115 (1995) (unpublished order under Supreme Court Rule 23). Eventually, plaintiffs voluntarily dismissed their complaints in the other jurisdictions, leaving Illinois as the sole forum in which their claims remained pending. Finally, on March 6, 1996, the trial court dismissed the Portwood complaint as time-barred.

When it dismissed the complaint, the trial court noted that both sides agreed that the applicable statute of limitations was found in section 2 — 725 of the Uniform Commercial Code — Sales (UCC) (Ill. Rev. Stat. 1991, ch. 26, par. 2 — 725 (now 810 ILCS 5/2 — 725 (West 1996))). That statute provides that any breach of warranty action must be brought within four years of the delivery of the goods at issue. The trial court, recognizing both that plaintiffs filed this suit in 1991 and that the vehicles in question were manufactured and sold in and around model years 1976-79, held that plaintiffs’ breach of warranty action "[ojbviously” did not fall within the necessary four-year period and was therefore untimely. Plaintiffs argued (1) that the limitations period under section 2 — 725 was tolled, or suspended, from the date they filed Walsh (August 21, 1981) until the date the district court dismissed the case in 1990 3 (citing American Pipe & Construction Co. v. Utah, 414 U.S. 538, 38 L. Ed. 2d 713, 94 S. Ct. 756 (1974), and Crown, Cork & Seal Co. v. Parker, 462 U.S. 345, 76 L. Ed. 2d 628, 103 S. Ct. 2392 (1983)); and (2) that the limitations period was extended an additional year by operation of section 13 — 217 of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 13 — 217 (now 735 ILCS 5/13 — 217 (West 1996))), the Illinois saving statute. Accordingly, plaintiffs’ theory made their May 14, 1991, filing of Portwood a timely one. The trial court, however, rejected plaintiffs’ arguments, and we affirm the trial court’s decision.

OPINION

The present appeal presents two issues before this court: (1) whether American Pipe’s tolling doctrine applies to toll the Illinois statute of limitations even where a class action is filed in a foreign jurisdiction, and (2) if tolling does not apply, then which saving provision best applies to plaintiffs’ claims? We consider each issue in turn.

I

The initial question we must decide is whether the class action tolling doctrine, as laid out in the United States Supreme Court’s decision in American Pipe and expanded in Crown, Cork & Seal, applies to toll the limitation's period in a jurisdiction different from the one in which the original class action is filed. American Pipe held that the filing of a federal class action tolls the statute of limitations as to all asserted members of a class who make timely motions to intervene after a court denies class certification. American Pipe, 414 U.S. at 553-54, 38 L. Ed. 2d at 726-27, 94 S. Ct. at 766. Later, the Court expanded this doctrine, ruling that a class action suspends the limitations period as to asserted members of the class whether they choose to intervene or file separate, individual actions following the denial of class certification.

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Bluebook (online)
685 N.E.2d 941, 292 Ill. App. 3d 478, 226 Ill. Dec. 486, 34 U.C.C. Rep. Serv. 2d (West) 1063, 1997 Ill. App. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portwood-v-ford-motor-co-illappct-1997.