Thomas v. Unique Food Equipment, Inc.

537 N.E.2d 1375, 182 Ill. App. 3d 278, 130 Ill. Dec. 906, 1989 Ill. App. LEXIS 488
CourtAppellate Court of Illinois
DecidedApril 17, 1989
Docket1-88-1057
StatusPublished
Cited by7 cases

This text of 537 N.E.2d 1375 (Thomas v. Unique Food Equipment, Inc.) 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
Thomas v. Unique Food Equipment, Inc., 537 N.E.2d 1375, 182 Ill. App. 3d 278, 130 Ill. Dec. 906, 1989 Ill. App. LEXIS 488 (Ill. Ct. App. 1989).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Plaintiff Bobbie Thomas brought an action alleging strict products liability and negligence against the manufacturer of a meat grinder, Hollymatic Corporation, not party to this appeal, and distributor Unique Food Equipment, Inc. (Unique). The strict liability claim was dismissed due to expiration of the statute of limitations. For the reasons below, we affirm.

On September 4, 1969, Thomas’ employer, the Chicago board of education, purchased a meat-grinding machine from Unique. On March 30, 1984, Thomas was injured while using the machine. Thomas filed a complaint for a bill of discovery against the board of education and learned that the machine had been manufactured by Hollymatic Corporation. Thomas dismissed the school board and named Unique and Hollymatic as defendants. Subsequently, Thomas filed amended complaints alleging strict products liability and negligence against both defendants.

On March 29, 1988, the trial court dismissed the strict liability count of the fourth amended complaint pursuant to the applicable statute of limitations, section 13 — 213(b) of the Code of Civil Procedure (the Code) (Ill. Rev. Stat. 1987, ch. 110, par. 13 — 213(b)), which bars product liability actions beyond 10 years from the date of first sale to the initial user. The trial court also found substantial grounds for difference of opinion regarding the question whether section 2— 621(b)(1) of the Code (Ill. Rev. Stat. 1987, ch. 110, par. 2-621(b)(1)) created a statutory exception to section 13 — 213(b), and certified Thomas’ appeal pursuant to Supreme Court Rule 308 (107 Ill. 2d R. 308).

Section 13 — 213(b) states:

“Subject to the provisions of subsections (c) and (d) no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease or delivery of possession by a seller or 10 years from the date of first sale, lease or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.” Ill. Rev. Stat. 1987, ch. 110, par. 13 — 213(b).

Section 2 — 621 states in relevant part:

“Product liability actions, (a) In any product liability action based in whole or in part on the doctrine of strict liability in tort commenced or maintained against a defendant or defendants other than the manufacturer, that party shall upon answering or otherwise pleading file an affidavit certifying the correct identity of the manufacturer of the product allegedly causing injury, death or damage. The commencement of a product liability action based in whole or in part on the doctrine of strict liability in tort against such defendant or defendants shall toll the applicable statute of limitation and statute of repose relative to the defendant or defendants for purposes of asserting a strict liability in tort cause of action.
(b) Once the plaintiff has filed a complaint against the manufacturer or manufacturers, and the manufacturer or manufacturers have or are required to have answered or otherwise pleaded, the court shall order the dismissal of a strict liability in tort claim against the certifying defendant or defendants, provided the certifying defendant or defendants are not within the categories set forth in subsection (c) of this Section. Due diligence shall be exercised by the certifying defendant or defendants in providing the plaintiff with the correct identity of the manufacturer or manufacturers, and due diligence shall be exercised by the plaintiff in filing an action and obtaining jurisdiction over the manufacturer or manufacturers.
The plaintiff may at any time subsequent to the dismissal move to vacate the order of dismissal and reinstate the certifying defendant or defendants, provided plaintiff can show one or more of the following:
(1) That the applicable period of statute of limitation or statute of repose bars the assertion of a strict liability in tort cause of action against the manufacturer or manufacturers of the product allegedly causing the injury, death or damage; or
* * *
(d) Nothing contained in this Section shall be construed to grant a cause of action in strict liability in tort or any other legal theory, or to affect the right of any person to seek and obtain indemnity or contribution.” Ill. Rev. Stat. 1987, ch. 110, par. 2 — 621.

Thomas’ claim arose when she was injured in 1984, 15 years after the Hollymatic machine was sold to the board of education and placed in service. Section 13 — 213(b) therefore bars Thomas’ products liability claim. But Thomas argues that section 2 — 621(b)(1) creates an exception allowing strict products liability actions to proceed against nonmanufacturing defendants, such as Unique, where the limitations period has expired with respect to the manufacturer. We disagree.

Section 13 — 213(b) states that “no product liability action *** shall be commenced except within *** 10 years from the date of first sale, lease or delivery to its initial user.” (Emphasis added.) (Ill. Rev. Stat. 1987, ch. 110, par. 13 — 213(b).) Thomas’ proposed interpretation requires finding an exception to section 13 — 213(b) in section 2— 621(b)(1). The time limits for filing an action are governed by the applicable statutes of limitations alone, however, and are not affected by other statutes. (See Hartford Fire Insurance Co. v. Architectural Management, Inc. (1987), 158 Ill. App. 3d 515, 511 N.E.2d 706, appeal denied (1987), 117 Ill. 2d 543.) Further, to maintain a strict products liability action under section 2 — 621(b)(1) where the statute of limitations has expired, it would be necessary to find in section 2 — 621 some basis for the cause of action regardless of the statute of limitations. Section 2 — 621(d) states, however, that “[njothing contained in this Section shall be construed to grant a cause of action in strict liability in tort or any other legal theory.” (See also Sims v. Teepak, Inc. (1986), 143 Ill. App. 3d 865, 871, 493 N.E.2d 721.) If section 2-621(b)(1) provided a basis for liability without regard to the statute of limitations, then neither section 2 — 621(d) nor section 13 — 213(b) would have any practical effect. We therefore hold that no product liability action may be brought or maintained, except within the time period provided by the applicable statute of limitations or statute of repose, and without reference to the provisions of other statutes.

Under section 2 — 621(a), a strict liability action brought against nonmanufacturing defendants requires those defendants to identify the manufacturer of the unsafe or defective product.

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Cite This Page — Counsel Stack

Bluebook (online)
537 N.E.2d 1375, 182 Ill. App. 3d 278, 130 Ill. Dec. 906, 1989 Ill. App. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-unique-food-equipment-inc-illappct-1989.