Phillips v. United States Waco Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming grant of summary judgment in favor of the defendant (citing Genus v. Pride Container Corp., 141 Ill. App. 3d 947 (1986), and Ralston v. Casanova, 129 Ill. App. 3d 1050, 1059-60 (1984))
• “Without an examination of the scaffold itself to determine if the collapse was a result of a preexisting defect, Phillips could never prove, directly or inferentially, a claim based in negligence or strict liability.”
• “the breach of duty is the same in both a negligence and a strict products liability claim, but the key distinction between a negligence claim and a strict liability claim lies in the fault concept.”
• “In Illinois a manufacturer is under a nondelegable duty to produce a product that is reasonably safe. . . . the breach of duty is the same in both a negligence and strict products liability claim.”

Source: CourtListener parenthetical corpus (CC0).