Sago v. Amax Aluminum Mill Products, Inc.

Defendant appeals, pursuant to Supreme Court Rule 308, from an order denying its motion to dismiss a products liability action filed by an employee of defendant. The sole issue on appeal is whether section 5(a) of the Illinois Workmen’s Compensation Act (Ill. Rev. Stat. 1975, ch. 48, par. 138.5(a)) precludes an employee from maintaining a products liability action against his employer when the employer is also the manufacturer of an allegedly defective machine which is used in defendant’s plant and is also sold to the public.

We reverse.

Defendant, Amax Aluminum Mill Products, Inc., operates an…