APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
504 N.E.2d 942, 152 Ill. App. 3d 782, 105 Ill. Dec. 657 1987.IL.176
Appeal from the Circuit Court of Cook County; the Hon. Thomas Rakowski, Judge, presiding.
JUSTICE BILANDIC delivered the opinion of the court. SCARIANO, P.J., and STAMOS, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BILANDIC
Plaintiff, Floyd Wiles, a resident of Cook County, Illinois, sued defendant Morita Iron Works Company, Ltd. (hereinafter Morita or MIW), a Japanese corporation, which designed and manufactured the machine which allegedly caused plaintiff's injuries. Plaintiff's employer, Astro Packaging Co. (hereinafter Astro), is a corporation which operates plants in Hawthorne, New Jersey, and Alsip, Illinois. Astro purchased four machines from defendant. Two were shipped to the New Jersey plant, and two were shipped to the Illinois plant. Plaintiff was employed by Astro's Alsip, Illinois, plant. One of the machines allegedly caused personal injuries to plaintiff, for which plaintiff seeks damages from defendant. The cause of action sounds in strict liability and negligence.
Defendant filed a special and limited appearance and a motion to dismiss, challenging the in personam jurisdiction of the court, pursuant to the Illinois long arm statute (Ill. Rev. Stat. 1985, ch. 110, par. 2-209). The motion was supported by the affidavit of Motoo Morita, defendant's president. The trial court quashed the service of process on the defendant and dismissed defendant from this action "due to lack of personal jurisdiction." Plaintiff appeals. I
We must determine whether sufficient minimal contacts existed between the defendant and the State of Illinois for Illinois courts to invoke in personam jurisdiction over the defendant pursuant to the Illinois long arm statute (Ill. Rev. Stat. 1985, ch. 110, par. 2-209). An evidentiary hearing was not held on defendant's motion to dismiss. Therefore, our determination of minimal contracts must be made on the basis of plaintiff's complaint, defendant's motion to dismiss, and the supporting affidavit of defendant's president. (Zeunert v. Quail Ridge Partnership (1981), 102 Ill. App. 3d 603, 607, 430 N.E.2d 184.) We must accept all undenied, well-pleaded allegations of plaintiff's complaint as true and resolve all factual disputes in plaintiff's favor. Mandalay Associates Ltd. Partnership v. Hoffman (1986), 141 Ill. App. 3d 891, 895, 491 N.E.2d 39.
Plaintiff alleged that the defendant manufactured, designed, and sold the air cell former machine in question. On April 11, 1983, he was injured while cleaning the machine pursuant to his employment duties at Astro. In its motion to dismiss, defendant admitted that it manufactured the machine, that two machines were delivered to plaintiff's employer in Japan, and that the machines were taken to Illinois by Astro. The affidavit filed by Motoo Morita, defendant's president, revealed that four machines were sold to Astro and that he "is informed and believes that two (2) of the air cell formers were transported by Astro to Alsip, Illinois." The affidavit disclosed that the negotiations for the purchase of four air cell formers between plaintiff's employer and defendant took place at the following locations and times:
September 22-23, 1980 Monchengladbach, West Germany
November 17-19, 1980 Hawthorne, New Jersey
July 21-23, 1981 Defendant's plant, Japan
September 24, 1981 Hawthorne, New Jersey
January 25-27, 1982 Defendant's plant, Japan
April 27-May 1, 1982 Defendant's plant, Japan
October 17-20, 1983 Defendant's ...