Docstoc

GRAY V. AMERICAN RADIATOR & STANDARD SANITARY CORP

Document Sample
GRAY V. AMERICAN RADIATOR & STANDARD SANITARY CORP Powered By Docstoc
					CIV PRO
GRAY V. AMERICAN RADIATOR & STANDARD SANITARY CORP., Supreme Ct. of IL, 1961. 22 Ill.2d 432, 176 N.E.2d 761 History: Gray appeals from a judgment of the circuit court dismissing her action for damages Facts: Gray (IL) had bought a water heater from American Radiator (PA) and the valve burst, injuring her; valve was manufactured by Titan in OH Issue(s): Was a tortuous act committed in IL? Is IL statute regarding substituted service on nonresidents constitutional? Holding: Reversed and remanded; jurisdiction confirmed Analysis: IL Civil Practice Act says “a nonresident who commits a tortuous act w/in the state submits to jurisdiction”; the alleged negligence in making the valve can’t be separated from the injury, so a tort was committed in IL; the place of a tort (wrong) is where the last event took place which gave rise to the tort—injury was last event and that occurred in IL; court says to be tortiuous, an injury must occur and an injury did occur Business was conducted in IL and Titan enjoyed the benefits of it; there may have been only one, chances are there are others in the stream of commerce; they should’ve reasonably contemplated some of those water heaters would end up in IL and foreseeably caused injury


				
DOCUMENT INFO