Bass v. Washington-Kinney Co.

457 N.E.2d 85, 119 Ill. App. 3d 713, 75 Ill. Dec. 295, 1983 Ill. App. LEXIS 2522
CourtAppellate Court of Illinois
DecidedNovember 18, 1983
Docket82-2226
StatusPublished
Cited by45 cases

This text of 457 N.E.2d 85 (Bass v. Washington-Kinney Co.) 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
Bass v. Washington-Kinney Co., 457 N.E.2d 85, 119 Ill. App. 3d 713, 75 Ill. Dec. 295, 1983 Ill. App. LEXIS 2522 (Ill. Ct. App. 1983).

Opinion

PRESIDING JUSTICE WILSON

delivered the opinion of the court:

Plaintiffs, husband and wife, brought this action to recover damages for personal injuries and loss of consortium, respectively, sustained as a result of plaintiff-husband’s (Bass) assistance in the unloading of a forklift delivered by defendant Washington-Kinney Company 1 to Bass’ place of employment. After a trial by jury, judgment was entered for defendant and against plaintiffs, with costs and charges assessed against plaintiffs. On appeal, plaintiffs contend: (1) the trial court applied an erroneously narrow concept of proximate cause which misled the jury; (2) the trial court improperly allowed defense counsel to force Bass to judge the veracity of a witness; (3) the trial court’s comments to the jury regarding plaintiffs’ unexpected completion of their case were prejudicial to plaintiffs; (4) the trial court erred in refusing to admit Bass’ personnel records; (5) the verdict was against the manifest weight of the evidence; (6) the trial court erroneously allowed unconnected testimony regarding prior unrelated injuries suffered by Bass; (7) the trial court erroneously allowed testimony regarding workers’ compensation; (8) defense counsel’s failure to disclose its expert witnesses prejudiced plaintiffs; (9) the trial court erroneously allowed testimony regarding Bass’ unrelated hospitalizations; and (10) the trial court erroneously admitted evidence regarding Bass’ alcoholism. For the following reasons, we affirm the judgment of the trial court.

The record establishes that at the time of the accident, Bass was employed by the Sovereign Hotel, 1040 West Granville, Chicago, as a building engineer. As part of his employment responsibilities, Bass performed electrical and plumbing work as well as miscellaneous maintenance tasks. On April 19, 1976, Bass was requested by his boss, Fred Wertymer, to help unload a forklift from a pickup truck which was parked in the alley next to the hotel. The hotel did not have a loading dock. When Bass arrived in the alley, four other employees plus Wertymer were already there and the forklift was on the truck bed, near the tailgate. The driver indicated that the forklift had been incorrectly loaded onto the truck. Generally, for a ground delivery, the forks on the lift would face the rear of the truck so that it could be driven down the tailgate ramp. In this case, however, it had been loaded with the forks facing the front of the truck.

Bass testified that Wertymer ordered him to hurry up and help unload the forklift because the hotel was paying the driver by the hour. The driver proceeded to lower the tailgate to a position parallel to the truck bed and secured it with a chain. At this time, Bass was standing on the ground, near the left rear side of the truck and the driver was standing on the right rear side. The driver then instructed Bass as to how to operate the control levers on the forklift so that Bass could slowly move the forklift onto the tailgate as the driver lowered the tailgate to the ground by loosening the chain support. Suddenly, the chain slipped and the tailgate dropped. Before Bass could get out of the way, the lift toppled over and fell onto his back. Several of the men raised the lift off of him and Bass managed to pull himself up. Wertymer then drove Bass to Edgewater Hospital where he was admitted with spinal injuries and released after 30 days. In addition to numerous other post-accident problems, Bass has been sexually impotent since the occurrence.

On cross-examination, Bass stated that he had never been on the bed of the truck and had never received instructions from the driver not to stand behind the forklift. The forklift itself was approximately six feet tall, the controls were approximately 2V2 feet from the bed of the truck and the bed was approximately three feet off the ground. Thus, he could easily reach the controls while he was standing on the ground. Bass did not recall whether the forklift was moving when the chain slipped; but he did recall that the lift was partly on the truck bed and partly on the tailgate when the tailgate started to drop. When Bass tried to support the lift, he may have caused it to fall on its side.

Nathaniel Burns, Bass’ co-worker, testified that the driver activated the forklift and rolled it back to the tailgate at which time the chain either slipped or broke, the tailgate dropped, and the forklift fell off the truck, landing on Bass’ back. Bass attempted to run out of the way, but fell. Prior to the accident, both Bass and Burns had been standing on the ground, close to the left rear side of the truck; the driver was on the right side. All three of them were physically touching the machine in an effort to keep it from falling. Although from his vantage point Burns could not see whether Bass had positioned his hands on the lift controls, he was sure that Bass had not activated the lift. Further, Bass never climbed onto the bed of the truck.

On redirect, Burns stated that the lift had fallen directly from the back of the truck, not sideways. Burns, Bass and the driver attempted to hold it when it started to fall, but as soon as they realized they could not steady it, they let go and ran. The driver was supervising the unloading.

Next, Michael Allison, driver of the delivery truck, testified as an adverse witness pursuant to section 2 — 1102 of the Code of Civil Procedure. (Ill. Rev. Stat. 1981, ch. 110, par. 2 — 1102.) At the time of the delivery, Allison had been employed by defendant and had been furnished with its truck, forklift and ramp for delivery purposes. It was standard procedure for defendant to issue work service tickets which indicated whether delivery was to be dock or ground, which fact determined the position in which the forklifts would be loaded. Allison recalled previous occasions when forklifts had not been properly loaded for the specific type of delivery; yet, successful deliveries had been accomplished. The work service ticket for the Sovereign Hotel indicated “ground delivery”; however, the lift had been loaded as if for a dock delivery. Generally, in such a situation, the driver would place a two-by-four under the ramp to modify the steep angle of the lowered tailgate. However, the driver had not been provided with a board for the Sovereign Hotel delivery. In readying the forklift for unloading, Allison had activated the controls and moved it to the rear wheel well area of the truck bed.

During examination by defense counsel, Allison testified that on April 19, 1976, he pulled his truck into the alley next to the Sovereign Hotel, unclamped the forklift, and proceeded to lower his tailgate parallel to the bed, securing it with a chain. By twisting the handle controls, he then moved the lift toward the rear wheel well area. At one point, someone from the hotel brought out a two-by-four; however, it was too large to be useful. After Allison moved the lift, he noticed Bass for the first time, standing on the truck bed, on the other side of the lift. Bass had his hands on the controls and asked Allison how to operate it. Allison told him to “hang loose” and that he would explain the controls after they unloaded the lift. Bass then told Allison that they should unload the lift by moving it onto the tailgate and then lowering the tailgate. Allison told him that that was impossible and if he needed any help, he would ask for it. Allison then jumped off the truck and proceeded to lower the tailgate by manipulating the chain.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Iowa v. David Dwight Jackson
Supreme Court of Iowa, 2024
Deep Keel, LLC v. Atlantic Private Equity Group, LLC
773 S.E.2d 607 (Court of Appeals of South Carolina, 2015)
Achanzar v. Ravenswood Hospital
762 N.E.2d 538 (Appellate Court of Illinois, 2001)
Pantaleo v. Our Lady of the Resurrection Medical Center
696 N.E.2d 717 (Appellate Court of Illinois, 1998)
Pietrzak v. Rush-Presbyterian-St. Luke's Medical Center
670 N.E.2d 1254 (Appellate Court of Illinois, 1996)
Peet v. Bouie Construction, Inc.
644 N.E.2d 461 (Appellate Court of Illinois, 1994)
Savage v. Martin
628 N.E.2d 606 (Appellate Court of Illinois, 1993)
Collier v. Avis Rent a Car System, Inc.
618 N.E.2d 771 (Appellate Court of Illinois, 1993)
Evans and Associates, Inc. v. Dyer
615 N.E.2d 770 (Appellate Court of Illinois, 1993)
Simmons v. University of Chicago Hospitals & Clinics
617 N.E.2d 278 (Appellate Court of Illinois, 1993)
Veco Corp. v. Babcock
611 N.E.2d 1054 (Appellate Court of Illinois, 1993)
Healy v. Bearco Management, Inc.
576 N.E.2d 1195 (Appellate Court of Illinois, 1991)
Lewis v. Cotton Belt Route-St. Louis Southwestern Railway Co.
576 N.E.2d 918 (Appellate Court of Illinois, 1991)
Northern Illinois Gas Co. v. Vincent DiVito Construction
573 N.E.2d 243 (Appellate Court of Illinois, 1991)
State v. Flanagan
801 P.2d 675 (New Mexico Court of Appeals, 1990)
Hassan v. Wakefield
561 N.E.2d 1160 (Appellate Court of Illinois, 1990)
Gowler v. Ferrell-Ross Co.
563 N.E.2d 773 (Appellate Court of Illinois, 1990)
Elliott v. Koch
558 N.E.2d 493 (Appellate Court of Illinois, 1990)
Pioneer Bank & Trust Co. v. Seiko Sporting Goods, U.S.A. Co.
540 N.E.2d 808 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
457 N.E.2d 85, 119 Ill. App. 3d 713, 75 Ill. Dec. 295, 1983 Ill. App. LEXIS 2522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-washington-kinney-co-illappct-1983.