Anglin v. Oros

628 N.E.2d 873, 257 Ill. App. 3d 213, 195 Ill. Dec. 409, 1993 Ill. App. LEXIS 1901
CourtAppellate Court of Illinois
DecidedDecember 23, 1993
Docket1-92-2257
StatusPublished
Cited by20 cases

This text of 628 N.E.2d 873 (Anglin v. Oros) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anglin v. Oros, 628 N.E.2d 873, 257 Ill. App. 3d 213, 195 Ill. Dec. 409, 1993 Ill. App. LEXIS 1901 (Ill. Ct. App. 1993).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

By complaint, Paula Anglin (plaintiff) sought compensatory damages for injuries suffered on December 29, 1988, as a result of Russell Oros’ (defendant’s) alleged negligence in the maintenance of a storm door affixed to a building which he owned. The trial court granted defendant’s motion for summary judgment and plaintiff appealed.

The issues presented for review are (1) whether courts of review apply a de novo standard in determining the propriety of a trial court’s summary judgment ruling and (2) whether the trial court erred in finding that defendant did not owe plaintiff a duty of care.

We affirm.

BACKGROUND

Plaintiff’s mother lived at 3643 West 55th Place in Chicago. Defendant, owner and landlord of the premises, lived with his family in back of plaintiff’s apartment.

On or about December 29, 1988, plaintiff went to her mother’s apartment to retrieve social security papers while her mother was visiting her house. Upon approaching her mother’s apartment, plaintiff noticed that the front door (a wooden door) was ajar. The storm door, which is the subject of this appeal, was closed.

Plaintiff entered the apartment and collected the papers. When she left, she tried to lock the front door but to no avail. Plaintiff then went to defendant’s home and reported that she had problems securing the lock on her mother’s front door.

Plaintiff and defendant then went to plaintiff’s mother’s apartment. Defendant attempted to engage the lock of the front door but without success. He told plaintiff that he would fix the front door the following day.

Plaintiff asked defendant if there was a key for the storm door. Defendant replied that there was not. As defendant was closing the storm door by holding its handle and pushing the door, plaintiff pressed on the glass portion of the door with her left hand. Defendant and plaintiff were simultaneously attempting to close the storm door.

According to defendant, plaintiff "laid into” the door and exerted additional force on the door beyond that which defendant was applying. Plaintiff put her hand through the glass, sustained injuries, and filed a two-count complaint against defendant of which count II is the sole issue on appeal.

In count II, plaintiff asserted that defendant had a duty to exercise reasonable care and caution in the ownership, possession, management, maintenance, and control of the storm door so as not to cause injury to plaintiff, and that notwithstanding his duty, he carelessly negligently, owned, possessed, managed, maintained, and controlled the door because he

"a) knowingly permitted the locking/latching mechanism of said storm door to be and remain in a broken, non-functioning condition for a long period of time, such as required plaintiff to apply extraordinary pressure thereto in order to properly close same;
b) failed to install or otherwise provide a safety glazing material in said storm door, although he knew or should have known that extraordinary pressure was required to close same and that the absence of a safety glazing material in said door constituted a dangerous condition to plaintiff and others;
c) failed to warn the plaintiff of the absence of safety glazing material in said storm door, although he knew or should have known that extraordinary pressure was required to close the same and that the absence of a safety glazing material in said door constituted a dangerous condition to plaintiff and others.”

Plaintiff also asserted that by reason of defendant’s negligent acts/ omissions and as a direct and proximate cause, the storm door broke as plaintiff was closing/attempting to close the door thereby causing her injuries, pecuniary loss, and other damages.

Defendant answered by denying negligence and by indicating that plaintiff was negligent because she failed to exercise due care of her own safety and that she pushed or hit the door with unwarranted force, causing the glass to break. Defendant also filed a motion for summary judgment on count II.

At the hearing, the trial court stated that plaintiff proceeded in a known dangerous situation by pushing her weight against or on the glass, that defendant had no duty to warn her, that pushing on glass is a known dangerous situation, and that plaintiff could not hold him (a landlord) responsible for someone who was pushing on glass. The trial court entered summary judgment for defendant. Plaintiff appealed.

OPINION

I

Plaintiff asserts that reviewing courts should apply a de novo standard when reviewing the propriety of a trial court’s summary judgment ruling. We agree.

Appellate courts apply a de novo standard when reviewing summary judgment rulings. Outboard Marine Corp. v. Liberty Mutual Insurance Co. (1992), 154 Ill. 2d 90, 102, 607 N.E.2d 1204.

Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. (Purtill v. Hess (1986), 111 Ill. 2d 229, 240, 489 N.E.2d 867.) The purpose of summary judgment is not to try an issue of fact, but rather to determine whether a triable issue of fact exists. (Quality Lighting, Inc. v. Benjamin (1992), 227 Ill. App. 3d 880, 883, 592 N.E.2d 377.) Where a reasonable person could draw divergent inferences from undisputed facts, summary judgment should be denied. Pyne v. Witmer (1989), 129 Ill. 2d 351, 358-59, 543 N.E.2d 1304.

While use of summary judgment is encouraged under Illinois law to aid the expeditious disposition of a lawsuit (Purtill, 111 Ill. 2d at 240), it is a drastic means of disposing of litigation and should be allowed only when the right of the moving party is clear and free from doubt. Quality Lighting, 227 Ill. App. 3d at 883-84.

II

Plaintiff contends that defendant owed her a duty of care. In the instant case, defendant’s position was that he owed no duty of care to plaintiff because the instrumentality of injury was simply a common door which was open and obvious. We agree with defendant.

The trial court held that Restatement Second of Torts section 343A did not allow a cause of action when an adult pushes on glass and the glass breaks. Section 343A provides:

"(1) A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.” (Restatement (Second) of Torts § 343A (1965).)

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Cite This Page — Counsel Stack

Bluebook (online)
628 N.E.2d 873, 257 Ill. App. 3d 213, 195 Ill. Dec. 409, 1993 Ill. App. LEXIS 1901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anglin-v-oros-illappct-1993.