Congratulations to Daniel J. Arnett and Mark R. Bennett on their well-earned victory at the Illinois Supreme Court!
In July 2016, multiple plaintiffs filed suit against a restaurant, the restaurant’s distributor (ALG’s client), and ALG’s client’s wholesalers. The restaurant then sued ALG’s client and the wholesalers for economic damages. In March 2020, the personal injury plaintiffs’ lawsuits settled with no party admitting any fault, but the restaurant’s economic damages claims continued.
In 2023, the wholesalers filed their summary judgment motions, which the Circuit Court initially denied after extensive argument from Dan and Mark; a win for our client. The wholesalers then moved to reconsider the court’s entry of summary judgment, which the trial court granted. The trial court’s ruling improperly left ALG’s client as the sole defendant, to defend a case in which it acted as nothing more than a pass through of the allegedly contaminated products, thereby forcing ALG to appeal the trial court’s order.
Thus, the appellate process began. The primary issues were 1) whether or not the wholesalers received notice of certain food items’ allegedly defective condition(s); 2) if so, when they received such notice; and, 3) if the notice was proper pursuant to Section 607(3)(a) of the Uniform Commercial Code (810 ILCS 5/2-607(3)(a)).
Dan and Mark dedicated days to drafting, refining, and reworking the arguments to be raised before the Illinois Appellate Court and their hard work paid off. In June 2024, a three-justice Appellate Court panel found, unanimously, that the trial court’s order granting summary judgment was in error and remanded the case to the trial court. The wholesalers then appealed the case to the Illinois Supreme Court, which accepted the appeal and after extensive briefing once again, set the matter for oral argument. On March 19, 2025, after months of preparation, Dan had the honor of arguing before the seven-justice Supreme Court panel, which found, unanimously, against the vendors and in favor of ALG’s client, bringing the wholesalers back into the case, potentially reducing ALG’s client’s exposure by millions of dollars.
This was a hard-fought victory that was only possible due to Mark and Dan’s dedication and hard work. Well done!
The Order for the case, Martin Produce, Inc., Appellee, v. Jack Tuchten Wholesale Produce, Inc. and La Galera Produce, Inc., Appellants, Docket No. 130863, can be viewed here: https://bit.ly/46ElviO. The oral arguments can be accessed here, by scrolling down to the argument date of 3/19/25: https://bit.ly/4lHWHL4
