Atlantic Coast Airlines Holdings v. Bloomington-Normal Airport Authority

831 N.E.2d 672, 357 Ill. App. 3d 929, 294 Ill. Dec. 722, 2005 Ill. App. LEXIS 695
CourtAppellate Court of Illinois
DecidedJune 10, 2005
Docket4-04-0943
StatusPublished
Cited by2 cases

This text of 831 N.E.2d 672 (Atlantic Coast Airlines Holdings v. Bloomington-Normal Airport Authority) 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
Atlantic Coast Airlines Holdings v. Bloomington-Normal Airport Authority, 831 N.E.2d 672, 357 Ill. App. 3d 929, 294 Ill. Dec. 722, 2005 Ill. App. LEXIS 695 (Ill. Ct. App. 2005).

Opinion

JUSTICE APPLETON

delivered the opinion of the court:

Plaintiff, Atlantic Coast Airlines Holdings, doing business as United Express, landed one of its airplanes at the airport owned by defendant in Bloomington and allegedly ran into a pile of snow, damaging the airplane. Plaintiff sued the Bloomington-Normal Airport Authority, doing business as Central Illinois Regional Airport, for negligently leaving the pile of snow on the runway. The trial court granted defendant’s motion for summary judgment on the ground that defendant had served requests for admission of facts upon plaintiff and plaintiff’s responses to them failed to comply with Supreme Court Rule 216(c) (134 Ill. 2d R. 216(c)), resulting in judicial admissions that were fatal to plaintiffs case. At the same time, the court denied plaintiffs motion under Supreme Court Rule 183 (134 Ill. 2d R. 183) for additional time to answer the requests for admission.

Plaintiff appeals, arguing the requests for admission were confusing in that, being phrased as questions, they resembled interrogatories and, to compound the confusion, they were commingled with interrogatories. Plaintiff further argues this confusion was “good cause” for allowing plaintiff additional time to properly respond to the requests for admission (see 134 Ill. 2d R. 183)) and the trial court, therefore, erred in denying the motion for an extension and in granting defendant’s motion for summary judgment.

We agree with plaintiff that the requests for admission were confusing in their format and context. The trial court itself found they were confusing but, in the absence of any “authority on this narrow issue,” believed “it [was] up to a higher *** court to [decide whether] that type of confusion was good cause.” We so decide. Justice will not tolerate a forfeiture that is the product of surprise or confusion. The court abused its discretion in denying the motion for an extension of time. Therefore, we reverse the judgment and remand this case for further proceedings.

I. BACKGROUND

On March 2, 2004, defendant served upon plaintiff a document entitled “Defendant’s First Discovery Request to the Plaintiff.” The document declared it was “issue[d] *** pursuant to Illinois Supreme Court Rules 213, 214, and 216” (210 Ill. 2d R. 213; 166 Ill. 2d R. 214; 134 Ill. 2d R. 216). It consisted of 29 numbered paragraphs. Some paragraphs were phrased as demands for information or tangible evidence, and others were phrased as questions. The document had no subheadings indicating which paragraphs were interrogatories (210 Ill. 2d R. 213), which were requests for production (166 Ill. 2d R. 214), and which were requests for admission (134 Ill. 2d R. 216), and the paragraphs had no apparent logical arrangement or grouping.

The paragraphs at issue in this case read as follows:

“22. Absence of Snow Berms: Do you admit that there are no facts that support the existence of any hazardous condition on the open, active Runway 20 — 2[,] including (but not limited to) any ‘snow berms’ or defined ridges of snow (of [one inch] or higher) located across or on the active runway portion of Runway 20 — 2 used by the subject landing aircraft, which were alleged[ ] by the [p]laintiff to have been struck by the [p]laintiff s aircraft in the vicinity of the intersection of Runway 11 — 29?
23. Snow Berm Timing: Do you admit factually that the snow berm(s)/ridges observed on or across Runway 20 — 2 after the loss in question were put there after the subject aircraft’s nose gear failed and collapsed and the subject aircraft came to a stop on Runway 20 — 2?” (Emphases in original.)
(Paragraphs 24, 25, and 26 were requests for documents and tapes.)
“27. Factual Causation: Do you admit that there are no facts which prove that the [d]efendant [a]irport was a cause of the damages alleged to the nose gear of the [p]laintiff s subject aircraft at the time of its landing at [the airport] on February 14, 2003?
28. Factual Damages: Do you admit that there are no facts which support that the [p]laintiff s subject aircraft was damaged by any act or omission of the [defendant herein[,] including impact with snow on active Runway 20 at [the airport] during landing on February 14, 2003?
29. Mechanical Defect: Do you admit[,] factually[,] that the nose gear on the subject aircraft operated by the [p]laintiff on November 14, 2003[,] failed as a result of preexisting defects or damage to the metal forming part of the nose landing gear of the subject aircraft?”

By agreement of the parties, plaintiff was to answer the discovery request by April 13, 2004. On April 14, 2004, plaintiff served upon defendant a document entitled “Plaintiffs Response to Defendant’s First Discovery Request.” The document was unsworn and signed only by plaintiffs attorney, and its opening paragraph cited not only Rule 213 (interrogatories) and Rule 214 (requests for production) but also Rule 216 (requests for admission). Plaintiff answered paragraphs 22, 23, 27, 28, and 29 of “Defendant’s First Discovery Request” as follows:

“22. Plaintiff does not admit the contentions contained in [rjequest [No.] 22 and[,] therefore, denies [r]equest [No.] 22.
23. Plaintiff does not admit the contentions contained in [r]equest [No.] 23 and[,] therefore denies [r]equest [No.] 23.
27. Plaintiff does not admit the contentions contained in [r]equest [No.] 27 and[,] therefore, denies [r]equest [No.] 27.
28. Plaintiff does not admit the contentions contained in [r]equest [No.] 28 and[,] therefore, denies [r]equest [No.] 28.
29. Plaintiff does not admit the contentions contained in [r]equest [No.] 29 and[,] therefore, denies [r]equest [No.] 29.”

On June 16, 2004, defendant filed a motion for summary judgment. Defendant argued that paragraphs 22, 23, 27, 28, and 29 were “request[s] for the admission *** of the truth of *** specified relevant fact[s]” within the meaning of Rule 216(a) (134 Ill. 2d R. 216(a)) and that by failing to respond to them by April 13 with either a “sworn statement” or “written objections,” plaintiff had judicially admitted “[e]ach of the matters of fact” in those paragraphs (134 Ill. 2d. R. 216(c)), thereby entitling defendant to summary judgment. See F.J. Pechman, Inc. v. Oldham, 86 Ill. App. 3d 1018, 1021, 408 N.E.2d 487, 489 (1980). The trial court granted defendant’s motion for summary judgment and denied plaintiffs motions for reconsideration and for an extension of time to serve responses conforming to Rule 216(c).

This appeal followed.

II. ANALYSIS

Subparagraphs (a) and (c) of Rule 216 provide:

“(a) Request for Admission of Fact.

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Bluebook (online)
831 N.E.2d 672, 357 Ill. App. 3d 929, 294 Ill. Dec. 722, 2005 Ill. App. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-airlines-holdings-v-bloomington-normal-airport-authority-illappct-2005.