South Side Trust and Savings Bank of Peoria v. Mitsubishi Heavy Industries

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-0148 Rel

Case Date: 03/31/2010

Preview:SECOND DIVISION March 31, 2010

No. 1-09-0148 SOUTH SIDE TRUST AND SAVINGS BANK OF PEORIA, as personal representative of the Estates of Christine Marie White, deceased, and John Michel White, deceased, Plaintiff-Appellant, v. MITSUBISHI HEAVY INDUSTRIES, LTD, a Corporation, MITSUBISHI HEAVY INDUSTRIES AMERICA, INC., a Corporation, HONEYWELL INTERNATIONAL, INC., a Corporation, WOODWARD GOVERNOR COMPANY, a Corporation, and AIR 1ST AVIATION COMPANIES, a Corporation, Defendants-Appellees ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County

(Stan Blaylock and Wayne Bates, Defendants).

Honorable Dennis J. Burke, Judge Presiding.

JUSTICE KARNEZIS delivered the opinion of the court: Plaintiff, South Side Trust and Savings Bank of Peoria, is the personal representative of the estates of Christine Marie White (Christine) and John Michael

1-09-0148 White (Michael). Christine and John were killed when the small plane owned and piloted by Michael crashed in New Mexico. Plaintiff filed an action in the circuit court of Cook County asserting product liability and negligence claims against the manufacturers and sellers of the plane and its component parts, Mitsubishi Heavy Industries, Ltd. (Mitsubishi), Mitsubishi Heavy Industries America, Inc. (Mitsubishi America), Honeywell International, Inc. (Honeywell), Woodward Governor Company (Woodward) and Air 1st Aviation Companies (Air 1st) (collectively defendants), and breach of warranty claims against Air 1st.1 The court dismissed plaintiff's product liability claims against Air 1st and granted summary judgment to defendants on all remaining claims. On appeal, plaintiff argues the court erred in dismissing plaintiff's claims and/or granting summary judgment to defendants. It asserts the court erred in (1) misapplying section 2-621 of the Illinois Code of Civil Procedure (735 ILCS 5/2-621 (West 1994))2, Federal Aviation Administration section 91.403(a) (14 C.F.R.

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