Bates v. Little Co. of Mary Hospital

438 N.E.2d 1250, 108 Ill. App. 3d 137, 63 Ill. Dec. 887, 1982 Ill. App. LEXIS 2121
CourtAppellate Court of Illinois
DecidedJuly 20, 1982
Docket81-1288
StatusPublished
Cited by30 cases

This text of 438 N.E.2d 1250 (Bates v. Little Co. of Mary Hospital) 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
Bates v. Little Co. of Mary Hospital, 438 N.E.2d 1250, 108 Ill. App. 3d 137, 63 Ill. Dec. 887, 1982 Ill. App. LEXIS 2121 (Ill. Ct. App. 1982).

Opinion

JUSTICE PERLIN

delivered the opinion of the court:

Plaintiffs, Bernie Bates and Opal Bates, appeal the trial court’s order dismissing counts V and VI of their complaint at law against defendant, Yale Industrial Trucks-Gammon, Inc. (Yale Trucks), as being barred by the statute of limitations. For the reasons hereinafter stated, we affirm the trial court’s order.

On October 12, 1977, plaintiff, Bernie Bates, was employed as a materials handler at the South Works Blast Furnace operated by United States Steel. During the seven years he was so employed his duties included transporting materials within the plant using a Yale Forklift truck. On October 12, 1977, as Bates was driving the Forklift truck over a graded portion of the blast furnace which was in disrepair, the Forklift tipped over, spilling Bates onto the pavement and pinning him underneath the Forklift.

On May 2, 1980, Bernie Bates and Opal Bates filed a six-count complaint against defendant, Yale Trucks, and other defendants. In count V Bernie Bates claimed damages under the doctrine of strict liability in tort; in count VI his wife, Opal Bates, sought damages for loss of consortium. The Bates’ complaint alleged that when the Forklift left the control of Yale Trucks, it was in an unreasonably dangerous condition in that the Forklift was sold without a roll bar or other device to prevent the operator from falling out of or being injured by the vehicle. The complaint also claimed that there were inadequate warnings and instructions regarding the Forklift’s stability. In his complaint Bernie Bates averred that he first discovered the defective condition of the Forklift on November 15, 1979.

On July 19, 1980, Yale Trucks moved to dismiss the complaint on the ground that the action was barred by the statute of limitations. (Ill. Rev. Stat. 1979, ch. 83, pars. 15, 22.2.) The motion was based solely on the pleadings. On December 22, 1980, Bernie Bates filed an affidavit which stated that November 15, 1979, was the first time he discovered the defective nature of the product. On January 20, 1981, the trial court dismissed counts V and VI of plaintiffs’ second amended complaint against Yale Trucks as being barred by the statute of limitations.

Bernie Bates was injured on October 12, 1977, but did not bring an action against Yale Trucks until May 2, 1980, more than two years after the accident. Under section 14 of the Limitations Act (Ill. Rev. Stat. 1979, ch. 83, par. 15), “[a]ctions for damages for an injury to the person *** shall be commenced within two years next after the cause of action accrued ***.” The only provision in the Limitations Act which specifically applies to products liability actions states that “ *** subject to the provisions of subsections (c) and (d), no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period ***.” (Ill. Rev. Stat. 1979, ch. 83, par. 22.2(b).) The “applicable limitations period” referred to in section 21.2(b) (par. 22.2(b)) is section 14 of the Limitations Act, which requires this type of action to be commenced “within two years next after the cause of action accrued ***.” Thus, the dis-positive issue in this case is determining when Bates’ cause of action accrued.

Plaintiffs ask that we apply the “discovery rule” and hold that Bates’ cause of action accrued on November 15, 1979, when he was advised by his attorney that he had a right to sue Yale for a defect in the design of the Forklift truck, rather than on October 12, 1977, when the accident occurred. Defendant responds that the discovery rule is inapplicable and that Bates’ cause of action accrued on the date of the accident,

Traditionally, a plaintiff’s ignorance concerning his cause of action did not toll the statute of limitations. (See Lancaster v. Springer (1909), 239 Ill. 472, 481, 88 N.E.2d 272; Mosby v. Michael Reese Hospital (1964), 49 Ill. App. 2d 336, 199 N.E.2d 633.) The discovery rule represents the judiciary’s attempt to remedy this problem and “to alleviate what has been viewed as harsh results resulting from the literal application of the statute [of limitations].” (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 414, 430 N.E.2d 976.) The effect of the discovery rule, which was first adopted in Illinois in Rozny v. Marnul (1969), 43 Ill. 2d 54, 72-73, 250 N.E.2d 656, is to postpone the starting of the period of limitations until the injured party knows or should have known of his injury. Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 414.

The discovery rule “has been applied across a broad spectrum of litigation ***.” (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 414.) Contrary to defendant’s argument, the rule has been held to apply to strict tort liability actions, like the one before us, seeking damages for personal injuries allegedly caused by defective products. (See Nolan v. Johns-Manville Asbestos (1981), 85 Ill. 2d 161, 421 N.E.2d 864; Witherell v. Weimer (1981), 85 Ill. 2d 146, 421 N.E.2d 869; Berry v. G. D. Searle & Co. (1974), 56 Ill. 2d 548, 309 N.E.2d 550; Williams v. Brown Manufacturing Co. (1970), 45 Ill. 2d 418, 261 N.E.2d 305.) The rationale for invoking the discovery rule in products liability cases is that a “refusal to do so would emasculate much of the consumer protection afforded by Suvada [v. White Motor Co. (1965), 32 Ill. 2d 612, 210 N.E.2d 182, wherein the Illinois Supreme Court extended the concept of strict liability to manufacturers and sellers of products whose defective condition makes them unreasonably dangerous to the user or consumer.]” Williams v. Brown Manufacturing Co. (1970), 45 Ill. 2d 418, 432.

The difficulty in applying the discovery rule has been in giving meaning to the term commonly used stating the rule, “knows or should have known of his injury.” Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 414.

“If this phrase is construed to mean knows of one’s physical injury, the period commences to run at an earlier time than if it is construed to mean knows that one has a cause of action against a particular person. *** This court has *** adopted a construction of the rule which can be termed neither narrow nor expansive. That is, we have held that the event which triggers the running of the statutory period is not the first knowledge the injured person has of his injury, and, at the other extreme, we have also held that it is not the acquisition of knowledge that one has a cause of action against another for an injury he has suffered. Rather, we have held in Witherell v. Weimer (1981), 85 Ill. 2d 146, 156, and Nolan v. Johns-Manville Asbestos (1981), 85 Ill.

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Bluebook (online)
438 N.E.2d 1250, 108 Ill. App. 3d 137, 63 Ill. Dec. 887, 1982 Ill. App. LEXIS 2121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-little-co-of-mary-hospital-illappct-1982.