Best (P) was operating a forklift that was designed and manufactured by Taylor (D) and sold by Allied to Laclede Steel, P’s employer. P sustained injuries when the forklift’s mast and support assembly collapsed when P was moving slabs of hot steel. The collapse caused flammable hydraulic fluid to ignite and it engulfed P. P jumped and broke both his heels and suffered second and third-degree burns over 40% of his body. P sued under product liability and sought damages against various parties. D alleged that he suffered noneconomic damages in excess of $500,000. D also sought declaratory and injunctive relief against Public Act 89-7 on the grounds that the Act violated the Illinois Constitution. The circuit court ruled that 15 specific provisions of the Act were unconstitutional and that the Act as a whole was unconstitutional. The Act stated that the recovery of noneconomic damages was limited to $500,000 per plaintiff with no recovery for hedonic damages. The Act defined noneconomic damages as intangible including but not limited to damages for pain and suffering, disability, disfigurement, loss of consortium and loss of society. P, in a motion for partial summary judgment, challenged the legislature’s use of chiefly anecdotal evidence to justify the Act.

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