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Gray v. American Radiator & Standard Sanitary Corp.

Supreme Court of Illinois · 1961 · Civil Procedure

Civil ProcedurePersonal JurisdictionLong-Arm StatuteDue Processtortious actplace of injurylong-arm jurisdictionminimum contacts

Facts

Plaintiff was injured in Illinois when a water heater exploded, and she alleged that Titan Valve Manufacturing Company, an Ohio corporation, negligently manufactured the heater's safety valve. Titan was served on its registered agent in Ohio and specially appeared to quash service, asserting that it did no business in Illinois, had no agent physically present there, and sold its completed valves to American Radiator outside Illinois. The valve was manufactured in Ohio, incorporated into the heater in Pennsylvania, and the finished heater was later sold to an Illinois consumer. American Radiator also filed a cross-claim against Titan for indemnity based on alleged warranties.

Issue

Whether Titan committed a 'tortious act within this State' under section 17(1)(b) when the allegedly negligent manufacture occurred outside Illinois but the injury occurred in Illinois, and if so, whether exercising jurisdiction over Titan on that basis comports with due process.

Rule

For purposes of Illinois's long-arm statute, a tortious act is committed in Illinois when the injury occurs in Illinois, because the place of the wrong is where the last event necessary to create liability takes place. Due process is satisfied when the act or transaction sued on has a substantial connection with Illinois and the defendant has reasonable notice and opportunity to be heard; continuous in-state activity or a physical agent in the forum is not required in every case.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nora Feldman was injured in Peoria, Illinois when a bakery oven malfunctioned and released scalding steam. She sues Blue Mesa Controls, a New Mexico corporation that allegedly defectively manufactured a pressure regulator in Albuquerque, which was later incorporated into the oven in Missouri and sold to an Illinois bakery through ordinary distribution channels.

Under the majority's reasoning, has Blue Mesa committed a tortious act within Illinois for purposes of Illinois's long-arm statute?

Explanation. The majority construed 'tortious act' to include injury as an inseparable element of the tort. The place of the wrong is where the last event necessary to render the actor liable occurs, which is the place of injury. Thus, even though the alleged negligent manufacture occurred outside Illinois, the tortious act is deemed committed in Illinois when the product causes injury there. Physical presence in Illinois is not required.