Justia Injury Law Opinion SummariesArticles Posted in Supreme Court of Illinois
A&R Janitorial v. Pepper Construction Co.
Mroczko was employed by A&R as a custodian in a building where Pepper was performing maintenance work. Pepper's subcontractor, Perez, was replacing the carpets. While Mroczko was cleaning, a desk that had been placed in an upright position fell and injured her. Mroczko filed a successful workers’ compensation claim against A&R but failed to file a timely personal injury action. A&R filed a subrogation action. The Workers’ Compensation Act. 820 ILCS 305/5(b), permits an employee to file her own personal injury action against a third-party tortfeasor to recover damages for a work injury. The employer is entitled to reimbursement of its workers’ compensation benefits out of the proceeds obtained by the employee and has a limited right to intervene to protect its workers’ compensation lien. If the employee fails to file her own action, the employer may file the same action that the employee could have filed. The statute is silent as to whether an employee has the right to intervene in the employer's action. While A&R’s litigation was pending, Mroczko filed her own personal injury action, which was dismissed as barred by the two-year statute of limitations. Mroczko filed an amended complaint against Pepper only, alleging that her injuries arose out of Pepper’s construction work so that her action was timely under the four-year construction statute of limitations. The court dismissed the action. Mroczko then sought to intervene in A&R’s subrogation action. The circuit court denied that petition, citing res judicata. The Illinois Supreme Court agreed. Whether Mroczko had an interest in A&R’s action based on A&R’s pursuit of damages, including for her pain and suffering, is irrelevant to res judicata, which applies because Mroczko previously asserted the same claim against the same defendant, which resulted in a final judgment on the merits. View "A&R Janitorial v. Pepper Construction Co." on Justia Law
Sperl v. Henry
CHR, a logistics company, had a transportation contract with Jewel Food Stores. Henry, who owned a semi-tractor that she leased to Dragonfly, a federally licensed motor carrier, agreed to deliver potatoes to CHR’s Illinois, warehouse for shipment to Jewel stores. While delivering the potatoes, Henry was unable to stop her tractor-trailer ahead of stopped traffic and ran over several vehicles. Two people died and one was seriously injured. Henry admitted negligence and liability. Dragonfly admitted liability and a “united” negligence with Henry. CHR denied liability. The jury returned plaintiffs verdicts, specifically finding that Henry was CHR’s agent. CHR was, therefore, vicariously liable under the doctrine of respondeat superior. The jury awarded damages totaling $23,775,000, jointly and severally, against the three. CHR paid the judgments, including post-judgment interest, then filed an amended consolidated cross-claim for contribution against Dragonfly under the Contribution Act. (740 ILCS 100/2, 3). Both stipulated that Henry had no assets. CHR asserted that it had a right to contribution, even if Dragonfly’s liability was vicarious, because the parties would be equally liable in those circumstances but CHR paid the entire amount. The trial court entered judgment for CHR for contribution of $14,326,665.54. The Illinois Supreme Court agreed, rejecting CHR’s argument that it was entitled to a greater level of contribution based on a difference in relative culpability. Both were only vicariously liable for Henry’s negligent conduct. CHR is entitled to contribution from Dragonfly under the Contribution Act. View "Sperl v. Henry" on Justia Law
Gonzalez v. Union Health Service, Inc.
The administrator of the decedent’s estate brought a wrongful death and survival action against Union Health Service based on alleged negligence in providing medical treatment the decedent. UHS moved to dismiss on the grounds that it is immune from suit under the Voluntary Health Services Plans Act (215 ILCS 165/26), as a “health services plan corporation”. The Act provides: A health services plan corporation incorporated prior to January 1, 1965, operated on a not for profit basis, and neither owned or controlled by a hospital shall not be liable for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or malpractice on the part of any officer or employee of the corporation, or on the part of any person, organization, agency or corporation rendering health services to the health services plan corporation’s subscribers and beneficiaries.” The circuit court denied the motion, reasoning that a 1988 amendment to section 26 was unconstitutional because it left intact UHS’s statutory immunity while eliminating that immunity for all other similarly situated entities. The Illinois Supreme court reversed. UHS was also immune under the prior version of the law. The former version of the law has been upheld by our appellate court against constitutional attack. addressing the constitutionality of the 1988 amendment is not necessary for resolution of this case. View "Gonzalez v. Union Health Service, Inc." on Justia Law
Monson v. City of Danville
Monson was shopping in Danville. Walking to her car, she felt her foot hit a piece of concrete, tripped and fell onto the sidewalk, sustaining injuries. Public Works Director Ahrens made final decisions about which sections would be repaired during a project to inspect and repair sidewalks that ended in March 2012. Ahrens considered the concrete’s condition; variations between slabs; the path of pedestrian travel; the area’s intended use; proximity to other structures; and available time and cost. There was no policy addressing these factors. Ahrens could not recall inspecting the section but stated, "we … looked at every slab” and that the section where Monson fell was “either not prioritized” or “replacement could not fit with the allowable time and budget ... I used my discretion.” In Monson’s lawsuit, the court granted the city summary judgment, citing the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-109, 2-201). The Illinois Supreme Court reversed. A negligence claim based on a municipality’s violation of the duty to maintain its property can be subject to discretionary immunity under section 2-201 if the employee held either a position involving the determination of policy or a position involving the exercise of discretion and the act or omission giving rise to the injuries was a determination of policy and an exercise of discretion; ministerial acts are not immune. Decisions involving repairs to public property can be discretionary, so a public entity claiming immunity for an alleged failure to repair a defective condition must present sufficient evidence that it made a conscious decision not to perform the repair. Danville has not done so. View "Monson v. City of Danville" on Justia Law
Thounsavath v. State Farm Mutual Automobile Insurance Co.
State Farm issued two policies of motor vehicle insurance to plaintiff, covering a Pontiac Grand Am and a Pontiac GTO. Each policy provided liability, uninsured motorist, and underinsured motorist coverage in the amounts of $100,000 per person and $300,000 per accident. Each contained a “Driver Exclusion Endorsement” that excluded Evans. Plaintiff was a passenger in a Hyundai automobile that was owned and operated by Evans when Evans’s vehicle was involved in an accident with another automobile. Evans was at fault. Plaintiff was injured and had more than $30,000 in medical bills. Evans’s insurer paid plaintiff $20,000, the policy limit. State Farm denied plaintiff's claim for underinsured motorist coverage. The circuit court granted plaintiff summary judgment. The appellate court and the Illinois Supreme Court affirmed, citing the Illinois Safety and Family Financial Responsibility Law (625 ILCS 5/7-601(a)), under which no one may operate a motor vehicle or allow a vehicle to be operated without obtaining sufficient insurance, and the Insurance Code (215 ILCS 5/143a, 143a-2), requiring automobile liability insurance policies to include uninsured and underinsured motorist coverage. The court reasoned that the named driver exclusion violated Illinois mandatory insurance requirements and public policy where the exclusion barred coverage for the named insured. View "Thounsavath v. State Farm Mutual Automobile Insurance Co." on Justia Law
Antonicelli v. Rodriguez
Antonicelli, was a passenger in a vehicle traveling on I-88. Three lanes were closed for construction. Browder was operating a semi-tractor and trailer, traveling behind Antonicelli’s vehicle. Rodriguez, under the influence of cocaine, made an improper U-turn through the median and collided with Antonicelli’s vehicle, causing it to rotate. Browder was unable to stop his semi and slammed into Antonicelli’s vehicle. Antonicelli suffered severe permanent injuries. Rodriguez pled guilty to aggravated driving under the influence of drugs and acknowledged fault. Antonicelli sued and entered into a settlement with Rodriguez for $20,000, the limit of his insurance coverage. Rodriguez sought a finding of a good-faith settlement, informing the court that the insurance policy was his only material asset. The nonsettling Browder defendants counterclaimed for contribution against Rodriguez, alleging that Rodriguez’s conduct was intentional rather than negligent under the Contribution Act (740 ILCS 100/2). The court granted Rodriguez a finding of good faith and dismissal, allowing the Browder defendants to credit $20,000 against any future judgment. The Illinois Supreme Court affirmed, finding no basis for the allegation of intentional conduct. The Browder counterclaims alleging intentional conduct are separate and independent causes of action that do not change the nature of Antonicelli’s complaint, which alleged only negligent conduct. Requiring a court to make a determination as to each defendant’s fault before finding that a settlement agreement was in good faith would be impracticable and would defeat the Act's purpose of encouraging settlement in the absence of bad faith, fraud, or collusion. View "Antonicelli v. Rodriguez" on Justia Law
Bogenberger v. Pi Kappa Alpha Corp., Inc.
David attended a pledge event at Northern Illinois University's Pi Kappa Alpha fraternity. Vodka-laden hazing ensued. By the end of the night, David’s blood alcohol level reached more than five times the legal limit. David lost consciousness and died during the night. His estate sued the fraternity’s national organizations: the local chapter and its members; and certain non-member sorority women. The circuit court dismissed. The Illinois Supreme Court affirmed the dismissal of the national organizations. The complaint’s allegations were insufficient to allege an agency relationship under which the Nationals would be vicariously liable for the conduct of the local members. An affirmative duty to aid or protect another against an unreasonable risk of physical harm or to control the conduct of another arises only within the context of a legally recognized “special relationship” that did not exist here. The other defendants may be sued for negligence. While no liability for the sale or gift of alcoholic beverages exists in Illinois outside of the Dramshop Act, the court noted the differences between a social host situation and an alcohol-related hazing event. A hazing injury is reasonably foreseeable and is likely to occur; the burden of guarding against injury is small, and the consequences of placing that burden on the members are reasonable. The women were more than guests. They were an integral part of the event and occupied a position of influence over the pledges. View "Bogenberger v. Pi Kappa Alpha Corp., Inc." on Justia Law
Yarbrough v. Northwestern Memorial Hospital
Erie is a Chicago “Federally Qualified Health Center” (FQHC), 42 U.S.C. 254b (2012). FQHCs rely heavily on federal grants and Medicaid reimbursement. Erie Employees are federal employees under the Federal Tort Claims Act, 42 U.S.C. 233(a). Erie was founded as a project between Northwestern Memorial Hospital (NMH) and Erie Neighborhood House in 1957. NMH provides financial support and technical assistance, but Erie physicians seeking NMH privileges are required to apply for them. In 2005, Yarbrough went to the Erie after searching for a clinic that would not require insurance coverage. Yarbrough was informed that she would have her ultrasounds done at Northwestern and would likely deliver her baby at NMH. Based upon information she received during the visit, Yarbrough believed that Erie and NMH were the same entity. Yarbrough sued NMH. based on her daughter’s premature birth, alleging medical negligence. The Illinois Supreme Court answered a certified question: A hospital cannot be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Sycamore, for the acts of the employees of an unrelated, independent clinic that is not a party to the litigation. Yarbrough sought treatment at Erie but looks to impose liability on NMH. Erie is neither owned nor operated by NMH. While Erie receives some charitable assistance from NMH, it relies heavily on federal money. Erie does not utilize the Northwestern name, Northwestern-related branding, or Northwestern’s trademark purple color. View "Yarbrough v. Northwestern Memorial Hospital" on Justia Law
Cohen v. Chicago Park District
Cohen was riding his bicycle on Lakefront Trail, a shared-use path that runs along the shore of Lake Michigan, when his front wheel caught in a crack in the pavement and he fell. Cohen sued the Chicago park district, alleging it acted willfully and wantonly in failing to maintain the path and was responsible for his injuries. The circuit court granted the park district summary judgment, concluding that it was immune from suit under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/3-107(a), which grants absolute immunity to local public entities for injuries caused by a condition of a “road which provides access to fishing, hunting, or primitive camping, recreational, or scenic areas” or was immune from suit under section 3-106, which immunizes local public entities for injuries occurring on recreational property, except when the local public entity engages in willful and wanton conduct proximately causing the injuries. The Illinois Supreme Court affirmed in part. Section 3-107(a) is inapplicable The district is, however, immune from suit under section 3-106. Lakefront Trail is not open to public, motorized traffic and is not a “road” within the meaning of section 3-107(a). The district’s actions were not willful or wanton. Cracks in paved surfaces are unavoidable in climates such as Chicago’s. The risk of injury from the crack was not an extraordinary and unusual risk; there were no prior injuries involving the crack. View "Cohen v. Chicago Park District" on Justia Law
Corbett v. The County of Lake
The plaintiff filed a complaint against Lake County and Highland Park for personal injuries arising out of a bicycling accident on the Skokie Valley Bike Path. The circuit court granted the defendants summary judgment, citing the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-107(b), which provides immunity with respect to “an injury caused by a condition of: (a) Any road which provides access to fishing, hunting, or primitive camping, recreational, or scenic areas and which is not a (1) city, town or village street, (2) county, state or federal highway or (3) a township or other road district highway. (b) Any hiking, riding, fishing or hunting trail.” Plaintiff appealed against the city only. The appellate court reversed. The Illinois Supreme Court affirmed. The Bike Path is not a “trail” as that word is ordinarily and popularly used; the words “hiking,” “fishing,” and “hunting” dictate a narrow construction of the term “trail.” If section 3-107(b) stated that immunity applied to “any jogging, riding, in-line skating, or stroller trail,” a shared-use path such as the Skokie Valley Bike Path would be a “riding trail.” However, the inclusion of the words “hiking,” “fishing,” and “hunting” in the same sentence as “riding” indicates that the legislature intended to apply blanket immunity only to primitive, rustic, or unimproved trails. View "Corbett v. The County of Lake" on Justia Law