Bastian v. Wausau Homes, Inc.

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendant Wausau Homes, Inc. moves to be dismissed from count I of plaintiffs’ complaint, the strict liability count. Since the count is directed only against Wausau, the effect of the motion would be to extinguish the count. It argues that it did not manufacture the defective product which caused the property damage of which plaintiffs complain here; rather, defendant T.P.I. Corporation did. Wausau attaches a two-page extract from the deposition of plaintiffs’ expert and contends that Ill.Rev. Stat. ch. 110, 112-621 now requires its dismissal.

That…