Balzer v. Inland Steel Co.

In this product liability action based upon the theory of strict liability in tort, the circuit court denied defendant McDowell-Wellman Engineering Co.’s (M-W) motion to dismiss the claim against it pursuant to the statute of repose. (Ill. Rev. Stat. 1979, ch. 83, par. 22.2.) From an order entered by the circuit court, this court granted a permissive interlocutory appeal pursuant to Supreme Court Rule 308 (73 Ill. 2d R. 308).

The question identified by the circuit court is, as paraphrased, whether the statute of repose should be applied to a cause of action “existing” prior to the effective…