Briones v. Mobil Oil Corp.

501 N.E.2d 821, 150 Ill. App. 3d 41, 103 Ill. Dec. 504, 1986 Ill. App. LEXIS 3150
CourtAppellate Court of Illinois
DecidedNovember 25, 1986
Docket3-86-0073
StatusPublished
Cited by15 cases

This text of 501 N.E.2d 821 (Briones v. Mobil Oil Corp.) 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
Briones v. Mobil Oil Corp., 501 N.E.2d 821, 150 Ill. App. 3d 41, 103 Ill. Dec. 504, 1986 Ill. App. LEXIS 3150 (Ill. Ct. App. 1986).

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

This appeal arises from a summary judgment entered against the plaintiff, a volunteer fireman, who sustained injuries while fighting a fire at the Mobil chemical complex in Joliet. The defendants are Mobil Oil Corporation (Mobil), the owner of the premises, and Aaron Equipment Company International Corporation (Aaron), an equipment-salvage company.

Mobil’s chemical complex was under demolition, and the vessels and reactors that were being removed by Aaron left large, exposed holes in the floor. On January 16, 1983, a fire was caused by sparks from a cutting torch used in the removal of other equipment in the building. The Channahon Fire Protection District was summoned to the scene, and assistant fire chief Kurt Boggs was the first commanding officer to arrive. Assistant chief Boggs obtained information as to the location of the fire from an unidentified person at the Mobil plant. That person also advised Boggs that the Mobil Complex was under demolition and that there were holes in the floor. Boggs testified that the information about the holes was significant to him because he did not want anyone to get hurt and that he made those fire fighters under his command aware of the holes.

The plaintiff was a volunteer member of the Channahon Fire Protection District. When the plaintiff arrived at the scene, he was given instructions to locate the source of the fire from fire chief Paul Lukavich, who had taken over as commanding officer. The plaintiff testified that he was never informed about the holes. The plaintiff sited the fire on the third floor of the Mobil complex and radioed the fire chief to send up a fire hose. He then explained to those fire fighters who actually work the hose where the fire was located, and they proceeded to extinguish it. Meanwhile, the plaintiff searched for other sources of fire. When he did not find any, he returned to the room where the fire had been located. As he walked into the room, he was looking up to see if there was any fire above him and fell into one of the holes created by the demolition process. Two firemen that had put out the fire were standing on the other side of the hole that the plaintiff fell into. They observed the plaintiff walking toward the hole, realized that he did not see it, and saw him fall into it.

The plaintiff brought suit against both Mobil and Aaron, in four counts each, alleging negligence, negligence based on res ipsa loquitur, violation of the Structural Work Act (Act) (Ill. Rev. Stat. 1983, ch. 48, par. 60), and wilful and wanton misconduct for the recovery of punitive damages. The trial court granted the defendants’ motions for summary judgment as to all counts. This appeal follows. We affirm.

The basis of the negligence allegation rests upon the theory that Mobil and Aaron failed to warn the plaintiff of the holes in the floor. Illinois has adopted the view that a fireman coming onto premises to perform his duties is an invitee. Thus, the landowner has the duty to use reasonable care to protect the fireman against dangerous conditions constituting an unreasonable risk of harm which the landowner should expect the invitee will not discover or realize or will fail to protect himself against. (Fancil v. Q. S. E. Foods, Inc. (1975), 60 Ill. 2d 553.) The purpose of a warning is to appraise a person of the existence of a danger of which he is not aware. Hence, there is no duty to warn against risks which are known or obvious. Chisolm v. Stephens (1977), 47 Ill. App. 3d 999, 365 N.E.2d 80.

Plaintiff’s complaint did not allege that the holes were somehow hidden or concealed from him. According to the plaintiff’s deposition testimony, the hole that he fell into was 12 feet in diameter and visibility in the room was 30 feet. Keith Corbin, one of the fire fighters that saw the plaintiff fall into the hole, described the hole as 15 to 20 feet in diameter and stated that he could see across the room, which was approximately 30 feet wide. Assistant fire chief Kurt Boggs was in the room immediately before the plaintiff fell, and he testified that the hole was 20 to 25 feet wide and that he could see 15 feet in front of himself. It is common knowledge that an open hole is dangerous. Under these conditions, it was reasonable to expect that the plaintiff would discover the hole, appreciate its dangerousness, and take measures to avoid hurting himself. Therefore, the defendants had no legal duty to warn the plaintiff of the open hole, and since no recovery is possible as a matter of law, summary judgment in favor of the defendants was properly entered.

Additionally, summary judgment was properly granted on the negligence issue since it is undisputed that the Channahon Fire Protection District was aware of the holes in the floor. Assistant fire chief Boggs, the first commanding officer at the scene, was told that the building was under demolition and warned about the holes in the floor. It then became the duty of the Channahon fire department to impart the knowledge of the dangerous condition to each of its employees, including the plaintiff. The defendants owed the plaintiff no duty to protect him from the negligence of his employer. Bakovich v. Peoples Gas Light & Coke Co. (1963), 45 Ill. App. 2d 182.

The plaintiff’s second theory of negligence is grounded on the doctrine of res ipsa loquitur. Whether the doctrine applies to a particular case is a question of law which must be decided by the trial court. It will not apply unless a duty of care is owed to the plaintiff. (Spidle v. Steward (1980), 79 Ill. 2d 1.) Furthermore, the doctrine is not a separate theory of liability. Rather, it is a type of circumstantial evidence which permits the trier of fact to infer negligence when the precise cause of injury is not known by the plaintiff. There is no need for an inference of negligence under the doctrine where there is direct evidence to the precise cause of injury and the facts and circumstances surrounding the injury. (Cox v. Yellow Cab Co. (1973), 16 Ill. App. 3d 664, 306 N.E.2d 738, aff’d (1975), 61 Ill. 2d 416, 337 N.E.2d 15.) The trial court properly determined that the doctrine of res ipsa loquitur is inapplicable to the present case.

We have determined that there was no duty on the part of the defendants to warn the plaintiff of the open and obvious holes in the floor. Where there is no duty, the doctrine does not apply. Secondly, there is no need for an inference of negligence under the facts of this case. The precise cause of injury, and the facts and circumstances surrounding that injury, were made clear through the pleadings, motions, and depositions. The plaintiff’s res ipsa counts did not rest upon an inference arising from surrounding circumstances. Instead, the complaint alleged that the injury was the result of an unguarded hole in the floor. In his deposition, the plaintiff admitted that he was looking up and from side to side, but not at the floor, when he fell into the hole. Two firemen present at the time of the injury testified in their respective depositions that they saw the plaintiff walk toward the hole, realized that he did not see it, and observed him fall into it. They did not have the opportunity to warn him because it happened so quickly.

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Bluebook (online)
501 N.E.2d 821, 150 Ill. App. 3d 41, 103 Ill. Dec. 504, 1986 Ill. App. LEXIS 3150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briones-v-mobil-oil-corp-illappct-1986.