Murphy v. Mancari's Chrysler Plymouth, Inc.
948 N.E.2d 233
Ill. App. Ct.2011Background
- Murphy plaintiffs, Illinois residents, purchased a Sebring in Illinois from Mancari's (Illinois corporation).
- The accident happened in Michigan; Murphy sustained permanent spinal injuries from a rollover.
- Chrysler (Michigan corporation) manufactured the Sebring; plaintiffs asserted strict liability against Chrysler and negligence against Mancari's.
- Illinois circuit court initially applied Michigan law to liability and damages and pursued Rule 308 interlocutory appeal.
- Case later severed Mancari's from Chrysler; Michigan law remained controlling on liability/damages for Mancari's claims.
- Illinois court certified the question whether Michigan or Illinois law governs; court ultimately held Illinois law governs liability and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which state's law governs liability and damages? | Murphy/Illinois: Michigan injury location governs. | Mancari's: Michigan law should apply; injury in Michigan. | Illinois law governs liability and damages. |
Key Cases Cited
- Townsend v. Sears, Roebuck and Co., 227 Ill.2d 147 (2007) (choice-of-law methodology for conflicting tort rules; presumption to Michigan where injury occurred)
- Esser v. McIntyre, 169 Ill.2d 292 (1996) (Illinois interests in providing remedies to its residents override Michigan interest)
- Burlington Northern & Santa Fe Ry. Co. v. ABC-NACO, 389 Ill.App.3d 691 (2009) (significant-relationship factors in Restatement §6(2) analysis)
- Schulze v. Illinois Highway Transportation Co., 97 Ill.App.3d 508 (1981) (place of injury considered fortuitous in certain crossings)