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eBook details

• Title: Levy v. Metropolitan Sanitary District
• Author : Supreme Court of Illinois
• Release Date : January 17, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Two separate class actions were filed in the circuit court of Cook County against defendant, the Metropolitan Sanitary District of Greater Chicago, alleging, inter alia, that defendant had negligently distributed under the name of Nu-Earth, for use in residential gardens, a sludge-derived fertilizer and soil conditioner which contained dangerous levels of cadmium. One action was brought by Melvin E. Levy and the other by Dino Raffaelli and Theresa Raffaelli, in each instance in their own behalf and on behalf of all other persons similarly situated. The circuit court allowed defendant's motions to dismiss the class action allegations of the complaints. Although the circuit court had previously entered an order consolidating the causes for trial, separate orders of dismissal were entered. Each order of dismissal provided, pursuant to Supreme Court Rule 304(a) (73 Ill.2d R. 304(a)), that there is no just reason to delay enforcement or appeal. Plaintiffs appealed, and the appellate court, sua sponte, consolidated the causes and then dismissed the appeals on the ground that there was no final appealable order. (100 Ill. App.3d 714.) We allowed plaintiff Levy's petition for leave to appeal. Citing Hayna v. Arby's, Inc. (1980), 99 Ill. App.3d 700, Daar v. Yellow Cab Co. (1967), 67 Cal.2d 695, 433 P.2d 732, 63 Cal.Rptr. 724, Bell v. Beneficial Consumer Discount Co. (1975), 465 Pa. 225, 348 A.2d 734, and Roemisch v. Mutual of Omaha Insurance Co. (1974), 39 Ohio St.2d 119, 314 N.E.2d 386, plaintiff contends that the dismissal of the class allegations in plaintiff's amended complaint foreclosed judgment for or against the class, and is therefore final and reviewable as is any other final order.

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