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Mai v. Krause11/1/2002
Germany to travel here today, with more disruption in their lives and business.
This case is an example of such globalization. Mr. Krause, an individual German citizen, functioned as full owner of a corporation and plant located and managed in Illinois that sells ladders to Home Depot, a nationwide mass marketer of home products a large portion of whose business is in California. In January, February and March 1998, Mr. Hansen as manager of the American operation, discussed several times with Mr. Krause the possible ladder defect causing an increased number of injuries. As early as January 1998, Hansen sent written reports to Mr. Krause regarding the increase in claims. After finally confirming reasons for the ladders' collapses, on May 21, 1998, the subject "dominated" the frequent conversations between Mr. Hansen and Mr. Krause. Mr. Krause and Mr. Hansen had good reason to expect at that time that injuries from the ladder might result in lawsuits in states in which the ladders continued to be distributed without recall. Plaintiff was injured on June 13, 1998.
I would find on this factual record that there were sufficient reasons to assert personal jurisdiction over these defendants.
There is at least sufficient uncertainty in the basis for the trial courts ruling to remand it for particular findings regarding whether Mr. Krause and Mr. Hansen had sufficient intention to cause the effect giving rise to the tort in this state or otherwise acted in a way that would invoke jurisdiction over them. The intentional or negligent labels on the causes of action should not have served as the basis for either the trial court's decision, or the decision of the majority here. Rather, it is the conduct of defendants that is at issue. For these reasons I dissent.
RUSHING, J.
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