Coney v. J.L.G. Industries, Inc., Sup. Ct. Of Ill.,

97 Ill.2d 104, 454 N.E.2d 197, 73 Ill. Dec. 337 (1983)

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Nature of the Case

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Facts

Jasper was killed while operating a hydraulic aerial work platform made by D. Coney (P) the administrator of Jasper's estate filed a two-count complaint against D in wrongful death and survival based on strict products liability. D argued that Jasper had committed contributory negligence and that Jasper's employer was partially negligent by failing to instruct and train Jasper on the platform and for failing to provide a ground man. D requested that its fault, if any, be compared to the total fault of all parties and any judgment against D reflect only its percentage of the overall liability, i.e., that D not be held jointly and severally liable. Three questions were certified to the Supreme Court. Whether the doctrine of comparative negligence or fault is applicable to actions or claims seeking recovery under products liability or strict liability in tort theories? Whether the doctrine of comparative negligence or fault eliminates joint and several liability? Whether the retention of joint and several liability in a system of comparative negligence or fault denies defendants equal protection of the laws in violation of U.S. Const. Amend. XIV, § 1 and Ill. Const. 1970, § 2 as to causes of action arising on or after [sic] March 1, 1978. (Ill. Rev. Stat. 1979, ch. 70, § 301 et seq.)?' D contends that under comparative negligence the doctrine of joint and several liability has been abolished.