ELR Citation: ELR 20408
No(s). 70C 1904 (N.D. Ill. Jun 25, 1971)

Defendant motor vehicle manufacturers' motion to dismiss this class action products libility case granted. The court found the case was too complex for city of Chicago to represent adequately the class which it purports to represent—all individual and corporate Illinois citizens resident in Chicago who are endangered by the emissions from defendants' motor vehicles. Auto dealers and gasoline service stations, for example, would be adversely affected by some of the relief plaintiffs seek, such as banning the sale of certain motor vehicles. Illinois's products liability law, which is applicable to this case, has not interpreted the extent of a motor vehicle manufacturer's duty to produce a reasonably safe product, nor has it adequately developed a bystander's right to recover to include metropolitan vehicular air pollution. The state courts, not the federal courts, should lead in the development of this field of liability. State and federal legislative and administrative programs have preempted the motor vehicle pollution field, and the judiciary should not interfere.

Counsel for plaintiff:
Richard L. Curry Corporation Counsel
Jerome H. Torshem
Special Assistant Corporation Counsel
City Hall
121 N. LaSalle St.
Chicago, IL 60607

Counsel for defendants:
Schiff, Hardin, Waite, Dorshcel & Britton
231 S. LaSalle St.
Chicago, IL 60604

Winston, Strawn, Smith & Patterson
One First National Plaza
Chicago, IL 60670

Paul S. Gerding
Chadwell, Keck, Kayser & Ruggles
135 S. LaSalle St.
Chicago, IL 60603

Kirkland, Ellis, Hodson, Chafferty & Masters
Prudential Plaza
Chicago, IL 60601

Covington & Burling
888 16th St., NW.
Washington, DC 20006
(202) 293-3300