Kelly v. Sears Roebuck and Co.

Plaintiff, Tim Kelly, appeals from the circuit court’s order dismissing the claims in his amended complaint with prejudice. Plaintiff brought the instant class action on behalf of himself and other purchasers of Sears Roebuck and Co.’s (Sears) DieHard® automobile batteries. The circuit court stayed all proceedings on class certification pending the resolution of Sears’ motion to dismiss plaintiffs individual action. Because the circuit court dismissed plaintiffs individual action, no class determinations were made, and the present appeal presents issues only as to the individual plaintiff.

In…