Branson v. R & L INVESTMENT, INC.

554 N.E.2d 624, 196 Ill. App. 3d 1088, 143 Ill. Dec. 689, 1990 Ill. App. LEXIS 540
CourtAppellate Court of Illinois
DecidedApril 18, 1990
Docket1-89-1033
StatusPublished
Cited by23 cases

This text of 554 N.E.2d 624 (Branson v. R & L INVESTMENT, INC.) 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
Branson v. R & L INVESTMENT, INC., 554 N.E.2d 624, 196 Ill. App. 3d 1088, 143 Ill. Dec. 689, 1990 Ill. App. LEXIS 540 (Ill. Ct. App. 1990).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Plaintiffs, Yvette and William Branson, appeal from a judgment of the circuit court of Cook County granting summary judgment (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1005), in favor of defendant, R & L Investment, Inc.

On March 17, 1984, plaintiff, Yvette Branson, was delivering mail to a public laundromat at 3401 North Southport in Chicago. The laundromat was owned and operated by defendant, R & L Investment, Inc., which leased the premises from Bresler Realty. Summary judgment was entered as to defendant Bresler Realty, and that order is not involved in this appeal.

Plaintiff’s discovery deposition was taken on March 20, 1986. According to her, the entrance to the laundromat is constructed with a ramp immediately inside the entrance door. The ramp is approximately four feet long and escalates approximately six inches, resulting in a slope of 12.5%. This ramp is covered by a ribbed rubber mat. About two feet away, parallel to the entry ramp, is a second ramp for the exit door. The exit ramp is identical to the entry ramp, except that its surface is covered with tile only; there is no protective ribbing.

About five to six feet from the entrance, at the top of the exit ramp, was a puddle of standing water. The floor from the entrance to this point was dry. Due to poor lighting, plaintiff was unable to see the water until after she had stepped in it. The water was not in one spot; there was a “little here and a little water there.” Plaintiff stated that she did not know where the water came from. The closest washing machine was between six inches to one foot from the puddle.

According to plaintiff, it had been snowing for two hours prior to the time of her fall. After entering the building, plaintiffs shoes were still wet from whatever substance had not come off her soles on the matting outside of defendant’s premises. When plaintiff stepped into the water, she lost her footing and fell. She attempted to maintain her balance by planting her foot, but due to the construction of the exit ramp, she was unable to do so. At oral argument, plaintiff’s attorney stated that the ramp did not cause plaintiff’s fall, but its location and the lack of any safety covering on it prevented her from breaking her fall. As a result of the fall, plaintiff sustained severe personal injuries.

Plaintiff filed a complaint against defendant alleging negligence, in that defendant (1) caused or permitted water and other slippery substances to collect on its floor; (2) failed to remove water and slippery substances from its floor; (3) maintained its floor in an unsafe and slippery condition; (4) maintained its exit ramp in an unsafe condition; and (5) failed to warn customers of the unsafe condition of its floor and exit ramp. Defendant moved for summary judgment based on plaintiff’s deposition testimony. Summary judgment was granted, and plaintiff now appeals. We affirm.

Summary judgment may properly be granted if the pleadings, exhibits, affidavits and depositions on file disclose no genuine issue of material fact such that the movant is entitled to judgment as a matter of law. (Kroll v. Sugar Supply Corp. (1983), 116 Ill. App. 3d 969, 975, 452 N.E.2d 649.) Upon review of the trial court’s entry of summary judgment, the appellate court must evaluate whether the trial court ruled correctly in finding that no genuine issue of material fact was raised and whether, as a matter of law, entry of the judgment was correct. (Fuller v. Justice (1983), 117 Ill. App. 3d 933, 938, 453 N.E.2d 1133.) Summary judgment should be granted only in cases where the evidence, construed most strongly against the movant, establishes clearly and without any doubt that he has a right thereto. (Motz v. Central National Bank (1983), 119 Ill. App. 3d 601, 605, 456 N.E.2d 958.) Applying these principles, we then determine whether the trial court correctly granted summary judgment.

Given the facts presented here, we believe that the proper analysis for resolution of the issues before us requires the application of those principles generally applied in slip-and-fall cases involving ice, snow and water. (See Smalling v. La Salle National Bank (1982), 104 Ill. App. 3d 894, 896, 433 N.E.2d 713; Greenwood v. Leu (1973), 14 Ill. App. 3d 11, 302 N.E.2d 359.) Under these established principles, defendant could not be held liable for plaintiff’s injuries absent some showing that the accumulation of the water on defendant’s floor was of an unnatural origin or that defendant aggravated a natural condition. (McCann v. Bethesda Hospital (1979), 80 Ill. App. 3d 544, 400 N.E.2d 16; Fitzsimons v. National Tea Co. (1961), 29 Ill. App. 2d 306, 173 N.E.2d 534.) However, at oral argument, plaintiff urged that resolution of this appeal does not turn on a determination of the origin of the water. Rather, she argues, the correct focus of our analysis should be on whether defendant had a duty to provide some protective covering on the exit ramp.

Plaintiff first contends that the owner of a business owes a duty to persons on its property to provide a nonskid surface on a grade incline. She maintains that, based on the reasoning in Stroyeck v. A.E. Staley Manufacturing Co. (1960), 26 Ill. App. 2d 76, 167 N.E.2d 689, a defendant is liable for injuries sustained by a plaintiff when the defendant builds a structure, such as a ramp, and fails to provide any safeguards, such as protective matting. The unprotected ramp, plaintiff argues, creates an unreasonable risk upon which liability for injuries may be imposed. We disagree.

Plaintiff misinterprets Stroyeck. The fact that the sidewalk in Stroyeck was sloped was not the basis upon which liability was imposed. The court there had evidence that the defendant’s engineers had studied the sloped sidewalk and had proposed changes to decrease the degree of the slope. From this evidence, the court stated that it was a fair inference that a lesser grade was practical. Liability was properly based on the fact that the defendant had knowledge that the sloped sidewalk created a hazardous condition during seasonal changes.

Such is not the case here. First, as plaintiff concedes, defendant’s ramp was not the cause of her fall. Second, even had the ramp been the cause of the fall, the absence of some safety covering, in and of itself, would not have rendered the ramp negligently designed. In Stroyeck there was an abrupt change where the sidewalk met the grade change. Here, there was no sudden grade change, there was only an incline. Third, unlike in Stroyeck, there were neither allegations nor any evidence that defendant knew or should have known that the ramp created a hazardous condition.

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Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 624, 196 Ill. App. 3d 1088, 143 Ill. Dec. 689, 1990 Ill. App. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branson-v-r-l-investment-inc-illappct-1990.