Berry v. G.D. Searle Co.

1 Citing brief

  1. Langendorf v. Skinnygirl Cocktails, LLC et al

    RESPONSE

    Filed January 25, 2012

    Further, whether sufficient notice has been provided is generally a question of fact to be determined based upon the particular circumstances of each case, and not as a matter of law. Maldonado, 230 Ill.Dec. at 748 (Ill. 1998) citing Berry v. G.D. Searle & Co., 56 Ill.2d 548, 556 (Ill., 1974), Malawy v. Richards Manufacturing Co., 103 Ill.Dec. 355, (1986); and Wagmeister v. A.H. Robbins, Co., 21 Ill.Dec. 729, 731 (1978). Based upon these facts and the pleadings, Plaintiff satisfies the ‘notice’ requirement to sustain his claims for breach of warranty.