[Download] "Consolino v. Thompson" by Illinois Appellate Court — First District (4Th Division) Judgment Affirmed # eBook PDF Kindle ePub Free

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eBook details

• Title: Consolino v. Thompson
• Author : Illinois Appellate Court — First District (4Th Division) Judgment Affirmed
• Release Date : January 16, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This action was commenced in order to recover for personal injuries allegedly sustained by the plaintiff, Lucille Consolino, when a metal object, which was apparently contained in a chocolate iced longjohn she had ingested, became imbedded in her throat. The plaintiff brought this suit, sounding in strict liability and negligence against defendants, C.E. Thompson, the bakery which manufactured and sold the longjohn, International Multifoods Co., the supplier of flour (International) and L. Karp & Sons, Inc., the supplier of chocolate syrup (L. Karp). In the count against L. Karp, the plaintiff alleged that the syrup was defective and unreasonably dangerous in that it contained a foreign metal object which rendered said syrup unsafe for use in the baking products manufactured by Thompson. In a countercomplaint for indemnity based on strict liability, Thompson named International and L. Karp as counterdefendants. After answers were filed, L. Karp filed a motion for summary judgment as to Consolino's complaint and Thompson's countercomplaint. The circuit court granted L. Karp's motion, and Thompson now appeals, with the plaintiff adopting both Thompson's brief and oral argument. Only strict liability was argued. On appeal, Thompson and the plaintiff contend that sufficient evidence was presented to make the reasonable inference that the metal object that lodged in the plaintiff's throat came from L. Karp's container of chocolate syrup and that therefore the trial court erred in granting L. Karp's motion for summary judgment. The plaintiff's and Thompson's argument in developing the above inference is based on the fact that there are only three possible sources from which the metal object could have come; itself, L. Karp and International, and that the only evidence of the use of metal objects near the finished product or its ingredients was a metal clip used by L. Karp in its packaging of the chocolate syrup. In response, L. Karp asserts that regardless of the possibility of drawing the inference suggested above, there was simply no evidence in the record which shows that the product was unreasonably dangerous when it left L. Karp's control.

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