Overview
Amundsen Davis defended an international feed distribution company for a products liability claim and obtained a dismissal from the Cook County court pursuant to the distributor statute, limiting the liability for the client based on its limited role in maintaining control over the product at issue. We have since been successful in keeping the claim from being reinstated, arguing each time that the plaintiff has not yet met the requirements found in the statute to pursue a claim against a distributor of a product. The interpretation of the statue, including the manufacturer criterion that must be met in order to reinstate any claim against the distributor was an issue of first impression for the state and Amundsen Davis appealed to the Illinois Supreme Court. After a ruling from the Illinois Supreme Court, a second motion for summary judgment was granted on the corresponding negligence claim based on the lack of any legally recognizable duty to the plaintiff.
