Piggly Wiggly Legal Memo/Legal Cases and Support

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Submitted By KeithSwift
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Legal Cases to help define
Piggly Wiggly
June 18, 2012

Legal Cases to help define
Piggly Wiggly
Part I: When looking at the case of Blue v. Environmental Engineering, Inc., 828 N.E.2d 1128 (Ill. 2005) we are talking about a products liability case that went all the way to the Illinoi’s Supreme Court. On the way to the supreme court the case was looked at in several different lights of the law like Negligence of a defective design, strict liability, fore seeable harm, failure to warn, repose beyond limitations, and comparative negligence to just name a few. In this case the plaintiff Glen Blue, injured himself while working on a heavy-duty trash compactor, stuck his foot into the compactor to free up the caught box, in turn got caught, pulled into the compactor as the ram took hold of the box. The ram subsequently hit Blue “three times, breaking his pelvis, leg and foot. (Twerski, A. D., 2006). In the Blue case the expert witness stated in court that several safety features that were technologically available at the time the compactor was manufactured that would have averted plaintiff’s injury, and he opined that the compactor was negligently designed which would have made the product safer to use. However strict liability count was dismissed because the case was filed beyond the applicable limitations period and the statute of repose, and returned the verdict of the plaintiff being 32% Negligent. (Twerski, A. D., 2006). Thereafter the jury sided with the defendant due to a special interrogatory that was the risk of injury by sticking a foot over or through a gate into a moving compactor open and obvious, which the jury affirmed. When appealed the intermediate appellate court reversed the trial court. In turn the appellate court held that the fact that a danger was open and obvious did not preclude a finding that the compactor was negligently…...

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