Lukwinski v. Stone Container Corp.

In this case, plaintiff, John Lukwinski, appeals the order of the circuit court dismissing with prejudice counts III and IV of his sixth amended complaint which alleged claims against defendant, Stone Container Corporation (Stone), for breach of the implied warranties of fitness and merchantability under sections 2 — 314 and 2 — 315 of the Uniform Commercial Code — Sales (UCC) (810 ILCS 5/2 — 314, 2 — 315 (West 1998)) 1 . In dismissing these counts, the court concluded plaintiff could not maintain his warranty claims under section 2 — 318 of the UCC (810 ILCS 5/2 — 318 (West 1998)). We have…