Brady v. Louis Ruffolo & Sons Construction Co.

578 N.E.2d 921, 143 Ill. 2d 542, 161 Ill. Dec. 275, 1991 Ill. LEXIS 36
CourtIllinois Supreme Court
DecidedMay 20, 1991
Docket69675
StatusPublished
Cited by70 cases

This text of 578 N.E.2d 921 (Brady v. Louis Ruffolo & Sons Construction Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brady v. Louis Ruffolo & Sons Construction Co., 578 N.E.2d 921, 143 Ill. 2d 542, 161 Ill. Dec. 275, 1991 Ill. LEXIS 36 (Ill. 1991).

Opinion

CHIEF JUSTICE MILLER

delivered the opinion of the court:

The claimant, Thomas R. Brady, was severely injured when a truck crashed into the building where he was employed by the respondent, Louis Ruffolo & Sons Construction Company. Brady later filed an application for adjustment of claim under the Workers’ Compensation Act (Ill. Rev. Stat. 1987, ch. 48, pars. 138.1 through 138.30) seeking compensation for his injuries. Following a hearing, an arbitrator denied the claim, concluding that Brady’s injuries did not “arise out of” his employment. The Industrial Commission affirmed the arbitrator’s decision. The circuit court of Will County confirmed the Commission’s decision denying compensation. A divided appellate court, Industrial Commission division, also upheld the Commission’s decision. (192 Ill. App. 3d 1.) The appellate court certified the cause for further review, and we subsequently allowed claimant’s petition for leave to appeal (134 Ill. 2d R. 315(a)). We now affirm the judgment of the appellate court.

The material facts of this case are not in dispute. Claimant was seriously injured on November 18, 1986, when a truck carrying a load of gravel left an adjacent highway and crashed through the building where claimant was working. At the time of the accident, claimant was 34 years old and was employed in Bolingbrook as an estimating engineer by respondent. He did most of his work at a drafting table that was attached to a wall in his office. On the day of the injury, the force of the truck crashing through the building caused the drafting table to puncture claimant’s abdomen. Claimant suffered severe injuries as a result of the accident and will require the permanent use of a life-support system.

The truck had been traveling northbound on Illinois Route 53 in Bolingbrook when it was hit by a southbound automobile that had jumped the median. It was snowing that day, and the road surface was icy. The two vehicles collided about 350 feet from respondent’s building. The impact of the collision caused the truck’s steering wheel to lock in position. Unable to follow a gradual curve in the highway, the truck left the pavement, traveled some distance, and then struck the building where claimant was working. Neither one of the drivers was associated in any way with the present litigants.

Respondent’s building served primarily as a garage for construction equipment; claimant’s office was located in the northeast corner of the premises. The exterior walls of the building were made of corrugated metal about 1/8 inch thick, and the interior walls of claimant’s office consisted of plywood affixed to wooden studs. The structure was located on the west side of Route 53 and stood 47 feet from the edge of the highway. When the building was constructed in 1971, Route 53 was a two-lane road used mainly by local traffic. In the mid-1980s, Route 53 was widened to four lanes, and the volume of traffic increased correspondingly. The highway is frequently used by trucks hauling stone from nearby quarries.

After an evidentiary hearing, the arbitrator determined that claimant’s injuries were not compensable under the Workers’ Compensation Act. According to the arbitrator, the evidence did not demonstrate that the employment environment exposed claimant to an “increased risk beyond that to which the general public is subjected.” The arbitrator therefore concluded that claimant’s injuries did not arise out of his employment. Upon review, the Industrial Commission, with one member dissenting, adopted the arbitrator’s findings and affirmed the decision denying compensation.

On judicial review, the circuit court of Will County confirmed the Commission’s decision, finding that the decision was not contrary to law or against the manifest weight of the evidence. The decision to deny Brady’s claim was subsequently upheld by the appellate court, Industrial Commission division, with two justices dissenting. (192 Ill. App. 3d 1.) The appellate court found that the Commission’s decision was not against the manifest weight of the evidence and accordingly refused to disturb the Commission’s findings. In support of its holding, the appellate court cited Lathrop v. Tobin-Hamilton Shoe Manufacturing Co. (Mo. App. 1966), 402 S.W.2d 16. In that case, an employee was injured when a car struck the building in which she was working. The Missouri court upheld a decision denying an award of workers’ compensation on the ground that the accident did not arise out of the claimant’s employment.

The appellate court certified the instant cause for further review, and this court allowed the claimant’s petition for leave to appeal (134 Ill. 2d R. 315(a)). Amici curiae, the Illinois Trial Lawyers Association, the United Auto Workers, and the Attorney General, have been granted leave to file briefs on behalf of the claimant. See 134 Ill. 2d R 345.

To be compensable under the Workers’ Compensation Act, an employee’s injury must arise out of and in the course of his employment. (See Ill. Rev. Stat. 1987, ch. 48, par. 138.1.) “Arising out of” refers to the causal connection between the employment and the injury. The causal connection is demonstrated if the claimant establishes that the injury’s origin lies in some risk related to the employment. (Paganelis v. Industrial Comm’n (1989), 132 Ill. 2d 468, 480; Scheffler Greenhouses, Inc. v. Industrial Comm’n (1977), 66 Ill. 2d 361, 366.) In addition, an injury may be said to arise out of the employment if the conditions or nature of the employment increases the employee’s risk of harm beyond that to which the general public is exposed. (Caterpillar Tractor Co. v. Industrial Comm’n (1989), 129 Ill. 2d 52, 58; Campbell “66” Express, Inc. v. Industrial Comm’n (1980), 83 Ill. 2d 353.) “In the course of employment” refers to the time, place, and circumstances under which the injury is received. (Scheffler Greenhouses, 66 Ill. 2d at 366-67.) A claimant has the burden of establishing the necessary causal relationship between the employment and the injury. (Caterpillar Tractor, 129 Ill. 2d at 63; Rosenbaum v. Industrial Comm’n (1982), 93 Ill. 2d 381, 386.) Each claim for compensation must be determined on its own facts. (Campbell “66” Express, 83 Ill. 2d at 357.) In the case at bar, the parties agree that claimant sustained injuries in the course of his employment. The sole issue presented for our review is whether the injuries also “arose out of” the employment.

Compensation may be awarded under the Act even though the conditions of employment do not constitute the sole or indeed principal cause of injury. (See City of Chicago v. Industrial Comm’n (1970), 45 Ill. 2d 350, 352.) Claimant argues that the present accident was sufficiently related to his employment environment to be compensable under the Act. Claimant contends that distinctive characteristics of his workplace exposed him to a greater risk of harm than that to which members of the general public were subjected. In that regard, claimant believes that the present case may be resolved in his favor as a matter of law because the record will sustain only a single inference, that the necessary causal relationship existed between the accident and his employment. Failing that, claimant contends that the Commission’s decision denying him compensation is contrary to the manifest weight of the evidence.

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Bluebook (online)
578 N.E.2d 921, 143 Ill. 2d 542, 161 Ill. Dec. 275, 1991 Ill. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-louis-ruffolo-sons-construction-co-ill-1991.