Davis v. Toshiba Machine Co.

Plaintiff, Sandra Davis, filed a products liability action against defendant, Toshiba Machine Company, seeking damages allegedly caused by a defective printing press designed, manufactured and sold by defendant. Defendant filed a motion to dismiss pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 1996)), on the grounds that the statute of repose governing products liability actions (735 ILCS 5/13 — 213 (West 1996)) barred plaintiffs cause of action. The trial court granted the motion to dismiss. We reverse and remand.

Plaintiff filed her complaint on February…