Allstate Insurance Company, as Subrogee of Sam Lakhia v. Menards, Inc., 202 Ill. 2d 586

782 N.E.2d 258, 270 Ill. Dec. 64 (2002) · Supreme Court of Illinois · December 5, 2002 · No. No. 93620

Summary

The Illinois Supreme Court answered a certified question from the Seventh Circuit concerning the applicable limitations period for a strict-liability action seeking damages to property brought within the applicable statute of repose. The court held that the five-year limitations period in 735 ILCS 5/13-205 applies, while section 13-213(d) is an exception to the statute of repose rather than the applicable limitations period. The certified question was answered accordingly.

Holdings

  1. The applicable Illinois statute of limitations is five years under section 13-205 for an action seeking damages for property damage based on strict liability in tort when the action is brought within the applicable statute of repose.
  2. Section 13-213(d) is an exception to the product-liability statute of repose, not the applicable statute of limitations for property-damage claims.

Questions Presented

  1. What statute of limitations applies under Illinois law to an action for property damage based on strict liability in tort when the action is brought within the applicable statute of repose?
  2. Whether section 13-213(d) of the Illinois Code of Civil Procedure establishes the applicable limitations period for property-damage products-liability actions or instead provides an exception to the statute of repose in section 13-213(b).

Disposition

other

Cases Cited (19)

  • Allstate Insurance Co. v. Menards, Inc., 285 F.3d 630 (7th Cir. 2002)(followed)
  • American Family Insurance Co. v. Village Pontiac-GMC, Inc., 182 Ill. App. 3d 385, 131 Ill. Dec. 484, 538 N.E.2d 859 (1989)(approved)
  • McLeish v. Sony Corp. of America, 152 Ill. App. 3d 628, 105 Ill. Dec. 648, 504 N.E.2d 933 (1987)(rejected)
  • Calumet Country Club v. Roberts Environmental Control Corp., 136 Ill. App. 3d 610, 91 Ill. Dec. 267, 483 N.E.2d 613 (1985)(rejected)
  • Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc., 158 Ill. 2d 76, 196 Ill. Dec. 655, 630 N.E.2d 820 (1994)(followed)
  • Lulay v. Lulay, 193 Ill. 2d 455, 250 Ill. Dec. 758, 739 N.E.2d 521 (2000)(followed)
  • Kunkel v. Walton, 179 Ill. 2d 519, 228 Ill. Dec. 626, 689 N.E.2d 1047 (1997)(followed)
  • Petersen v. Wallach, 198 Ill. 2d 439, 261 Ill. Dec. 728, 764 N.E.2d 19 (2002)(followed)
  • Yang v. City of Chicago, 195 Ill. 2d 96, 253 Ill. Dec. 418, 745 N.E.2d 541 (2001)(followed)
  • Golla v. General Motors Corp., 167 Ill. 2d 353, 212 Ill. Dec. 549, 657 N.E.2d 894 (1995)(followed)

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