Link v. Venture Stores, Inc.
State: Illinois
Court: 5th District Appellate
Docket No: 5-96-0123
Case Date: 03/07/1997
NO. 5-96-0123
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________
HANNAH LINK, KAYLA LINK, and TOSHA LINK, ) Appeal from the
Minors, by Clifford Link, their Father ) Circuit Court of
and Next Friend; CLIFFORD LINK; SHAUNA ) Madison County.
COLEMAN by Edward Coleman, her Father )
and Next Friend; and EDWARD COLEMAN, )
)
Plaintiffs-Appellees, )
)
v. ) No. 94-L-485
)
VENTURE STORES, INC., )
)
Defendant-Appellant, )
)
and )
)
EVENFLO JUVENILE FURNITURE COMPANY, INC.,)
TAMARA LINK, DOUG BEAN, LESLIE BEAN, and )
GREENE COUNTY SERVICE COMPANY, ) Honorable
) Randall Bono,
Defendants. ) Judge, presiding.
_________________________________________________________________
JUSTICE MAAG delivered the opinion of the court:
In January 1994, the plaintiff, Hannah Link, sustained
injuries when the vehicle being driven by her mother collided with
another car. At the time of the accident, Hannah, a two-year-old,
was strapped into a Sight Seer Booster car seat. The seat was
manufactured by Evenflo Juvenile Furniture Co., Inc. (Evenflo), and
sold by Venture Stores, Inc. (Venture).
Plaintiff, by her father and next friend, filed a complaint in
the circuit court of Madison County against both Evenflo and
Venture, alleging that her injuries from the car accident resulted
from the defective design of the car seat. The count against
Evenflo was premised on the theory of strict liability; the count
directed against Venture sounded in negligence.
At the time the cause of action accrued and at the time this
suit was filed, Illinois law provided that nonmanufacturer
defendants in product liability actions based on a strict liability
theory could, with limited exception, be dismissed from the action
simply by filing an affidavit certifying the correct identity of
the manufacturer of the allegedly defective product. 735 ILCS 5/2-
621 (West 1992). The statute did not provide for the dismissal of
nonmanufacturer defendants who were sued under theories other than
strict liability, such as negligence.
Effective March 9, 1995, however, the legislature amended the
statute so that nonmanufacturer defendants in product liability
actions who were sued under "any theory or doctrine" could be
dismissed if they fulfilled the same requisite criteria. 735 ILCS
5/2-621 (West Supp. 1995) (amended by Pub. Act 89-7). Both the
original statute and the amended version purport to apply to "all
causes of action accruing on or after September 24, 1979." 735
ILCS 5/2-621(e) (West 1994); 735 ILCS 5/2-621(e) (West Supp. 1995).
Accordingly, Venture filed its affidavit in this case,
certifying that Evenflo was the manufacturer of the allegedly
defective booster seat, and moved to dismiss pursuant to the newly
amended version of section 2-621.
The trial court denied Venture's motion, reasoning that
section 2-621 as amended could not constitutionally apply
retroactively to cases filed prior to March 9, 1995, when the
amendment took effect. Upon Venture's motion, the trial court
certified the following question for interlocutory appeal pursuant
to Supreme Court Rule 308 (155 Ill. 2d R. 308):
"Does 2-621, as amended on March 9, 1995, which provides that
a party may be dismissed from a products liability action upon
providing an Affidavit certifying the identity of the
manufacturer of the product, apply retroactively to those
cases filed before March 9, 1995, even though the statute as
amended otherwise applies to all causes of action accruing on
or after September 24, 1979?"
It is well-settled in Illinois that newly enacted statutes and
statutory amendments usually receive only prospective application
absent express language to the contrary. Boyd v. Madison Mutual
Insurance Co., 146 Ill. App. 3d 420, 424, 496 N.E.2d 555, 558
(1986). However, changes in law which merely affect existing
remedies or procedures, as opposed to substantive rules, may be
applied retroactively unless a vested, constitutionally protected
right will be compromised. Maiter v. Chicago Board of Education,
82 Ill. 2d 373, 390-91, 415 N.E.2d 1034, 1042 (1980). A rule is
considered substantive where it makes one a party to a suit. A
rule is considered procedural where it merely facilitates the
manner for bringing suit. Ellegood v. American States Insurance
Co., 266 Ill. App. 3d 135, 139, 638 N.E.2d 1193, 1196 (1994).
In the case at bar, the amendments made to section 2-621 are
clearly substantive because they affect the parties who can be sued
in a products liability action and the basis of the cause of
action.
We believe that the plaintiff had a vested right in her
negligence cause of action against Venture. Defendant concedes in
its brief that section 2-621, prior to amendment, did not affect
the plaintiff's right to sue Venture on a negligence theory. This
court recognized, prior to the enactment of the amendment at issue,
the existence of a common law right for a plaintiff to maintain an
action against a nonmanufacturer under theories other than strict
liability. See Garcia v. Edgewater Hospital, 244 Ill. App. 3d 894,
902, 613 N.E.2d 1243, 1249-50 (1993) (section 2-621 did not require
dismissal of retailer sued under breach of warranty theory).
Moreover, our supreme court has recognized that a party has a
vested right to the law in effect at the time the complaint was
filed. First of America Trust Co. v. Armstead, 171 Ill. 2d 282,
291, 664 N.E.2d 36, 40 (citing City of Chicago v. Collin, 302 Ill.
270, 274, 134 N.E. 751 (1922)).
In the instant case, plaintiff possessed a cause of action in
negligence prior to the amendment of section 2-621. This cause of
action was a vested property interest. As a vested right, the
cause of action could not be abrogated by subsequent legislative
action without offending plaintiff's due process rights. Sepmeyer
v. Holman, 162 Ill. 2d 249, 254-55, 642 N.E.2d 1242, 1244 (1994);
Booth v. Cebula, 25 Ill. App. 2d 411, 414-15, 166 N.E.2d 618, 619
(1960).
Finally, defendant argues that the legislature expressly
intended the statutory amendments to apply retroactively, as
evidenced by section 2-621(e), which states that the statute is to
apply "to all causes of action accruing on or after September 24,
1979." 735 ILCS 5/2-621(e) (West Supp. 1995). Because both the
original and amended versions of the statute contain the provision,
defendant argues, the legislature must have intended the amendment
to apply retroactively or they would have also amended paragraph
(e). We disagree.
When interpreting a statute, the court is obliged to construe
statutory provisions to give effect to the intent of the
legislature. In re Application for Judgment and Sale by County
Treasurer and Ex Officio County Collector of St. Clair County, 276
Ill. App. 3d 1084, 1089, 659 N.E.2d 457, 460 (1995). If more than
one interpretation is reasonable, courts must adopt that
construction which will not produce a result that is absurd,
unjust, unreasonable, or inconvenient. Collins v. Board of
Trustees of Firemen's Annuity & Benefit Fund of Chicago, 155 Ill.
2d 103, 110, 610 N.E.2d 1250, 1253 (1993). Here, we are compelled
to apply section 2-621 prospectively, despite the language in
paragraph (e), in order to avoid the unconstitutional result posed
by retroactive application of the statute as amended. Booth, 25
Ill. App. 2d at 415-16, 166 N.E.2d at 619-20 (refusing to apply
statute retroactively where doing so would be unconstitutional
despite legislature's apparent intent that act be applied
retroactively). It is immaterial whether the legislature intended
retroactive application of the amendment. The legislature lacks
constitutional authority to retroactively enact a law which
purports to impair vested rights, despite any expressed legislative
intent. First of America Trust Co., 171 Ill. 2d at 290, 664 N.E.2d
at 40.
We therefore conclude that section 2-621 as amended does not
apply retroactively. The defendant Venture is not entitled to
dismissal of the negligence count based upon section 2-621.
For the foregoing reasons, the decision of the circuit court
is affirmed.
Affirmed.
KUEHN, P.J., and GOLDENHERSH, J., concur. NO. 5-96-0123
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
___________________________________________________________________________
HANNAH LINK, KAYLA LINK, and TOSHA LINK, ) Appeal from the
Minors, by Clifford Link, their Father ) Circuit Court of
and Next Friend; CLIFFORD LINK; SHAUNA ) Madison County.
COLEMAN by Edward Coleman, her Father )
and Next Friend; and EDWARD COLEMAN, )
)
Plaintiffs-Appellees, )
)
v. ) No. 94-L-485
)
VENTURE STORES, INC., )
)
Defendant-Appellant, )
)
and )
)
EVENFLO JUVENILE FURNITURE COMPANY, INC.,)
TAMARA LINK, DOUG BEAN, LESLIE BEAN, and )
GREENE COUNTY SERVICE COMPANY, ) Honorable
) Randall Bono,
Defendants. ) Judge, presiding.
___________________________________________________________________________
Opinion Filed: March 7, 1997
___________________________________________________________________________
Justices: Honorable Gordon E. Maag, J.
Honorable Clyde L. Kuehn, P.J., and
Honorable Richard P. Goldenhersh, J.,
Concur
___________________________________________________________________________
Attorneys David A. Bloch, Amelung, Wulff & Willenbrock, P.C., 515
for Olive Street, Suite 1700, St. Louis, MO 63101
Appellant
___________________________________________________________________________
Attorneys Earl W. Hubbs, Wiseman, Shaikewitz, McGivern, Wahl, Hesi &
for Mormino, P.C., 3517 College Avenue, Alton, IL 62002
Appellee
___________________________________________________________________________
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