specially concurring:
I agree with the result reached. The attempt to distinguish Williams v. RCA Corp. (1978), 59 Ill. App. 3d 229, 376 N.E.2d 37, however, is not convincing. The effect of the instant decision is to overrule Williams.
It is significant in this case that the pager was allegedly marketed specifically for use by police agencies. As the majority opinion correctly points out, it is a police officer’s duty to apprehend and arrest lawbreakers. The defendant should be charged with the knowledge that the pager would be used by a police officer to summon help in dangerous situations and that the officer’s safety would be seriously compromised if the device failed to work. That is the theory. The case should not have, been dismissed on the pleadings. The plaintiff was entitled to a trial.