Lowrie v. City of Evanston

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This appeal involves the propriety of an order dismissing counts I and II, sounding in strict products liability and implied warranty respectively, of plaintiff’s second amended complaint (hereafter the complaint).

It was generally alleged in counts I and II that the death of plaintiff’s decedent resulted from injuries received in a fall from an upper level of an open air parking garage in the city of Evanston after he had paid for the use of a parking space therein. It was additionally alleged in each count that defendant…