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02/11/87 Rita J. Mcleish Et Al., v. Sony Corporation of

February 11, 1987

RITA J. MCLEISH ET AL., PLAINTIFFS-APPELLANTS

v.

SONY CORPORATION OF AMERICA, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

504 N.E.2d 933, 152 Ill. App. 3d 628, 105 Ill. Dec. 648 1987.IL.157

Appeal from the Circuit Court of Cook County; the Hon. Alan E. Morrill, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. McMORROW, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiffs Rita and William McLeish bring this appeal seeking reversal of a trial court's order dismissing count II of their three-count complaint. In count II, the McLeishes seek recovery from defendant Sony Corporation of America (Sony) based on a products liability theory. The McLeishes allege that a television manufactured by Sony exploded, resulting in a fire which caused serious damage to their home. The trial court dismissed count II after finding that the McLeishes' action against Sony was barred by the applicable statute of limitations, Ill. Rev. Stat. 1983, ch. 110, par. 13-213(d).

The McLeishes now appeal, asserting that the trial court erred in dismissing their products liability action against Sony.

We affirm.

Background

This appeal is before us following the trial court's ruling that count II of the McLeishes' complaint fails to state a cause of action under

Count II of the McLeishes' complaint reveals that the McLeishes' home was severely damaged by a fire which occurred on February 16, 1983. The fire was allegedly caused by the explosion of a Sony television set.

On April 16, 1985, the McLeishes filed a three count complaint against, inter alia, Sony. Count II sought recovery from Sony for the damage caused to the McLeishes' home based on a strict products liability theory.

Pursuant to Sony's motion, the trial court dismissed count II, ruling that because the McLeishes had failed to commence their lawsuit within two years of when they became aware of the damage, their action in strict liability was barred by section 13-213 of the Code ...


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