Civil Procedure

Briefs

Gray v. American Radiator & Standard Sanitary Corp.

Procedural History:

• Circuit Court of Cook County
  • Dismisses case in favor of American Rev. and Standard Sanitation.
• Gray appeals to Supreme Court of Illinois.
  • Reversed and remanded, with directions.

Facts:

• Complaint charges that the Titan Company, a foreign Corporation, had negligently constructed the safety valve.
  • Injuries are claimed to be a direct result of this action.
• The valve is made by Titan which was then put into the American Radiator Brand Radiator.
  • Said Radiator then malfunctioned in Illinois causing injury.
• It is not being questioned whether or not a tort was committed but to what jurisdiction that tort is tried in.
• Because the last action of the tort and really place where the tort was committed was in fact Illinois, it is tried in Illinois.
• The power of a state court to enter a binding judgment against one not served with process within the state depends up two questions.
  • 1. Whether he has certain minimum contacts with the State
  • 2. Whether there has been a reasonable method of notifications.
• Although it may not be possible to say Amer. Radiator had sufficient contacts in the State of Illinois, that is not the only current test and the rules have been relaxed since International Shoe Company.
• It is sufficient to see if the Defendant conducted some act in the selected State and benefited from the laws of that State.

Issue:

• Can American Radiator be tried in a court in Illinois when it does not technically have businesses here?

Holding:

• Yes. Reversed.

Reasoning:

• By contracting out the valve, the company basically consents to having the product travel through numerous states and must be held liable even if their business in that state is not substantial or consistent. This is where the long-arm statute arises.
• Because the tort was committed in Illinois and all of the aspects of the incident reside in Illinois except for the defendant, it is reasonable that the most convenient location is Illinois.
• A non-resident who, either in person or through an agent, commits a tortious act within this State submits jurisdiction.