Sweeney v. Matthews

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

This is a products liability case. The defendant, a merchant in the hardware and building supply business, appeals from a $45,000 judgment entered against him after a jury returned a verdict in favor of the plaintiff.

The principal points on appeal center around the applicability of the strict liability in tort doctrine to a seller of a simple object — a nail made for the penetration of concrete and mortar. There are lesser points relating to alleged trial errors which will be discussed later in the opinion.

The plaintiff was a…