Construction Law

Sole Proximate Cause Defense Reaffirmed

By Werner Sabo

The Illinois Supreme Court, on April 16, 2009, reaffirmed the validity of the sole proximate cause defense in  Nolan v. Weil-McLain (Docket No. 103137). This was an asbestos case where all but one defendant settled out and trial proceeded with the remaining defendant. This defendant wanted to present evidence that the plaintiff had been exposed to asbestos from other manufacturers, but was prevented from doing so by the Illinois Lipke exclusionary rule. The court reversed and remanded for a new trial, thereby overruling a line of Illinois cases that prevented this defendant from presenting evidence that the conduct of another causative factor is the sole proximate cause of the injury.

Full post as published by Construction Attorney Blog on April 16, 2009 (boomark / email).