Townsend v. Sears, Roebuck and Company

State: Illinois

Docket No: 103858 Rel

Case Date: 11/29/2007

Preview:Docket No. 103858.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

JACOB TOWNSEND et al., Appellees, v. SEARS, ROEBUCK AND COMPANY, Appellant. Opinion filed November 29, 2007.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Garman, and Karmeier concurred in the judgment and opinion. Justices Kilbride and Burke took no part in the decision.

OPINION Plaintiffs, Michelle Townsend, individually and on behalf of her minor son, Jacob, brought a personal injury action in the circuit court of Cook County against defendant, Sears, Roebuck and Company (Sears). A question arose as to whether Illinois or Michigan law would govern the liability and damages issues presented in the case. The circuit court ruled that Illinois law governs these substantive issues, but certified the following question of law for interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308): "Whether Illinois or Michigan law applies to a products liability and negligence action where the plaintiff is a resident of Michigan and the injury occurs in Michigan, the product

was manufactured in South Carolina, the defendant is a New York corporation domiciled in Illinois, and the conduct complained of, including certain design decisions, investigations of prior similar occurrences, product testing and the decision to distribute nationally in its retail stores occurred in Illinois[.]" In its answer, the appellate court reached the same conclusion as did the circuit court. 368 Ill. App. 3d 902. We allowed Sears' petition for leave to appeal (210 Ill. 2d R. 315). We disagree with the appellate and circuit courts, and hold that Michigan law governs the liability and damages issues presented in this case. I. BACKGROUND Michelle and James Townsend, and their son, Jacob, reside on North Begole Road in Alma, Michigan. 1 Sears is a New York corporation with its principal place of business and corporate headquarters in Cook County, Illinois. In the spring of 2000, James purchased a Sears Craftsman brand riding lawn tractor from a Sears store in Michigan. The lawn tractor was manufactured by Electrolux Home Products, Inc. (EHP), in South Carolina. James bought the 20horsepower, 42-inch-wide lawn tractor for use around his home. This particular lawn tractor developed a faulty engine. In early 2001, James received an identical riding lawn tractor as a warranty replacement. Through early May 2001, James had operated the tractor three or four times to mow the Townsends' 1.8-acre property. On the afternoon of May 11, 2001, James returned home from work and began to mow his lawn. At this time, his four children, including 3

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