Court Briefs

No emotional distress in product liability

A man saw his wife killed by fragments from the exploding clutch of a drag racer. Though not injured himself, he sued for emotional distress. Can he collect?

The Illinois Supreme Court ruled "no" in its decision in Pasquale v. Speed Engineering. The suit was brought on a theory of strict product liability, but the majority ruled that Illinois law has consistently refused to allow bystanders to collect for emotional trauma in such cases. In decisions from 1961 to 1991 it has allowed bystanders to collect for distress when negligence is proved or the distress intentionally inflicted, but strict product liability does not require such proof.

In his opinion Justice Charles E. Freeman wrote that there is no reason for the law to extend to strict liability. Justice Mary Ann McMorrow dissented. She saw an extension as "logical and salutary."

Court defines 'impairment' of jurors' views in capital cases

Prospective jurors can be excused when their views "prevent or substantially impair performance" of their duties. Views on the death penalty are obviously crucial here, but the courts must sometimes define "substantial impairment" in borderline cases.

In People v. Taylor a defendant pled guilty to first-degree murder. At the sentencing hearing, the judge seated a juror the defense didn't want and dismissed another that it did.

One juror said that background information about the defendant might influence him to vote for the death penalty but not against it. After explanation by the judge, he said that he could decide for or against the penalty solely on the basis of the evidence and the law. The judge seated him. The high court agreed that there was no evidence the juror's performance would be substantially impaired.

The second juror expressed religious scruples against the death penalty. She said, "I can't honestly say no, I never would [vote for the death penalty], but I have a feeling I probably wouldn't." The judge excused her. The high court agreed, ruling her religious views would impair performance as a juror.

F. Mark Siebert

October 1995/Illinois Issues/39