Mikolajczyk v. Ford Motor Co

In Mikolajczyk v. Ford Motor Co. (2008) 231 Ill.2d 516 327 Ill.Dec. 1, 901 N.E.2d 329, 352, a car traveling about 60 miles per hour struck the rear end of a Ford Escort that was stopped at a red light. (901 N.Ed.2d at p. 333.) The driver's seat in the Ford Escort collapsed rearward and the driver suffered severe, irreversible brain trauma and died from his injuries. (Id. at pp. 353, 357.) His widow brought an action against Ford Motor Company, the Escort's manufacturer, and Mazda Motor Corporation, the driver's seat's designer, alleging strict products liability premised on the defective design of the Escort's driver's seat. (Id. at pp. 332-333.) The plaintiff claimed that as a result of the defective seat design, the seat collapsed when the car was struck from behind, causing her husband to be propelled rearward and to strike his head on the backseat of the car. (Ibid.) Following a verdict in the plaintiff's favor, the defendants appealed, claiming that the trial court erred by instructing the jury on the consumer expectations test and rejecting their tendered instruction on the risk utility test for defective design. (Ibid.) The Illinois Supreme Court held, in part, that the jury was properly instructed on the consumer expectations test. (Id. at pp. 352-353.) It stated, "In the present case, the occupant of the car seat was killed when the car was struck from behind. Rear-end collisions are reasonably foreseeable and the ordinary consumer would likely expect that a seat would not collapse rearward in such an accident, allowing the occupant to sustain massive head injury." (Id. at p. 353.)