Supreme Court of Illinois

Plaintiff cannot bring a viable cause of action for breach of the UCC implied warranty of merchantability against a hospital after a defective medical device was surgically implanted during her medical treatment in that hospital, as it was predominantly a transaction for services.

Appellate Information

• Decided 06/05/2003
• Published 07/21/2003

Judges

• Justice GARMAN, delivered the opinion of the Court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Gary K. Laatsch and Martin Whittaker, of Pavalon, Gifford, Laatsch & Marino, Chicago, for appellant., Stanley L. Tucker, of Hartzell, Glidden, Tucker & Hartzell, Carthage, for amicus curiae Illinois Trial Lawyers Association., Thaddeus J. Nodzenski and Mark D. Deaton, Naperville, for amicus curiae Illinois Hospital Association.


• For Appellees:
  
• Hinshaw & Culbertson, Chicago (Kevin M. Miller and Timothy G. Shelton, of counsel), for appellee.