Sander v. Dow Chemical Co.

The plaintiffs, James Sander, his wife, Elizabeth, and his children, David and Karen, appeal from an order dismissing their third amended complaint with prejudice pursuant to Supreme Court Rule 219(c) (134 Ill. 2d R. 219(c)) and the denial of the motion to vacate the order of dismissal. The issue in this case is the extent of a trial judge’s power to dismiss a complaint with prejudice.

On February 27, 1990, the plaintiffs filed a one-count complaint alleging injuries from James Sander’s exposure to insecticides and other chemical products, as a “licensed pesticide applicator” for the Des…