Kuziw v. Lake Engineering Co.

SPRECHER, Circuit Judge.

This diversity appeal concerns whether the Illinois doctrine of strict liability in tort requires that the manufacturer’s foreseeability of use of his product remain a jury question when there are conflicting views by expert witnesses. We hold that it does and that the district court erred by substituting its own concepts of foreseeability to nullify a jury verdict that was supported, on the foreseeability issue, by expert evidence adduced at trial.

I

The plaintiff sought to recover damages for personal injury sustained when his arm was caught in a paper baling machine…