Tyler Enterprises of Elwood, Inc. v. Skiver

This is a suit for damage to plaintiff’s property resulting from a fire that occurred at the plaintiff’s plant. The plaintiff, Tyler Enterprises of Elwood, Inc. (Tyler), filed a three-count complaint against defendants Jack Skiver, d/b/a Ohmtemp; Robertshaw Controls Company; and Eli Lilly and Company (Lilly). The counts against Skiver and Robertshaw Controls are not involved in this appeal. Count III sought relief against Lilly on a strict liability theory. Tyler later amended the complaint to add a count IV against Lilly, alleging wilful and wanton misconduct. The trial court granted summary…