Castro v. Chicago Park District

533 N.E.2d 504, 178 Ill. App. 3d 348, 127 Ill. Dec. 632, 1988 Ill. App. LEXIS 1834
CourtAppellate Court of Illinois
DecidedDecember 30, 1988
Docket88-0515
StatusPublished
Cited by8 cases

This text of 533 N.E.2d 504 (Castro v. Chicago Park District) 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
Castro v. Chicago Park District, 533 N.E.2d 504, 178 Ill. App. 3d 348, 127 Ill. Dec. 632, 1988 Ill. App. LEXIS 1834 (Ill. Ct. App. 1988).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

This appeal arises from the circuit court’s order granting a directed verdict for the third-party defendant in an action for contribution.

On June 4, 1981, Alex Castro, a minor, was hit by a foul ball while seated on the player’s bench during a game in St. Barbara’s Little League (League) being played at a baseball diamond in McGuane Park, part of the Chicago Park District (Park District). Castro filed suit against the Park District, alleging that it carelessly and negligently designed and built the baseball diamond in that a large, unsafe opening existed between the end of a backstop fence and the beginning of another fence in front of the player’s bench.

The Park District filed a third-party complaint for contribution against Eugene Gembara, the president of the League, and Louis Can-nova, Castro’s team manager. The third-party complaint alleged that there was a careless and negligent failure to make and enforce rules that would have prevented Castro’s injury, and that there was negligent supervision of Castro at the time of his injury.

On January 22, 1986, the Park District and Cannova entered into a settlement with Castro. The Park District ultimately proceeded to trial on the third-party complaint, seeking contribution from Gembara.

At trial, Gembara testified that he was the president of the League, which was originally founded by a group of neighbors. Gembara “rejuvenated” the League in 1975, after it had been “dormant for two years,” but was not paid for his participation. As president, he purchased equipment for the players in the League, including batting helmets, which were in part intended to protect the players from foul balls. Gembara acknowledged that he had the safety of the players in mind when he purchased the helmets.

In his capacity as president, he received permission to play the League’s games at McGuane Park. The Park District provided only the facility. To get players, Gembara advertised among different schools. The ages of the players ranged from 9 to 13 or 10 to 14.

In 1981, Gembara was no longer an active coach. He had a good deal of previous experience in that capacity. He testified that he formulated the rules of the League jointly with other officers and managers; in his deposition, however, he described his role in the League as “more like a dictatorship.” He admitted that he maintained a veto power over the selection of the rules, which he characterized as basically for safety. None of the written rules, however, directed where the players were to sit on the bench. Gembara remembered telling the coaches to instruct the players to sit back on the bench away from the gap, but could not recall whether this rule was adopted before or after Castro’s injury. He also suggested that there were additional rules not in writing, but understood among the coaches and managers. Prior to the injury, he knew that the opening between the fences existed, but never complained to the Park District. He was not at the field when Castro was injured.

Terrence Kurtz, a manager of one of the teams in the League, testified that he did not recall the safety of the players ever being discussed in preseason meetings in 1981. He did not remember all the safety rules in place in 1981, but recalled that, as manager, he instituted certain safety rules for his team. He always made sure his players were seated on the bench and far enough away from the opening between the fences so that they would not get hurt. He stated that there were unwritten understandings between managers about safety. He also testified that Gembara did not own the League.

Next, Robert Clark, a teammate of Castro, testified that the equipment for the game was usually kept in the opening between the fences. He stated that he was next to Castro when the injury occurred and that Castro had been sitting on the bench in the open area. He recalled that he was given a set of written safety rules as a player, but did not know of any rules given to the coaches. He did not see Gembara present when the injury occurred.

Thomas Green, the park supervisor, testified that Gembara asked him for permission to use the baseball .fields in McGuane Park. It was an oral agreement, with no fee involved, and the Park District provided only the facility. He acknowledged that it was his responsibility as supervisor to walk around the park looking for unsafe conditions, but was not aware of any safety hazards on the fields he permitted the League to use. Green also swore that he never discussed the safety features of the fields with Gembara, nor safety rules, and he did not know of any written safety rules applicable to the baseball diamonds.

The last witness called by the Park District was Castro, the player who was injured. He signed up for the League in the school gym at St. Barbara. He had no previous experience in organized baseball and played in only five or six games before his injury. He received no safety instructions and could not remember if the League rules were given to him. At the time of the injury, he was seated on the bench near home plate, in the area of the opening. He did not remember anyone telling him to sit back away from this area. While seated there, he was injured by a foul line drive, although he was wearing a batting helmet.

The Park District then rested. Pursuant to a motion, the circuit court directed a verdict for Gembara and against the Park District “on the basis of the lack of probable cause and the lack of foreseeability.”

The Park District’s motion for a new trial was denied, and it appeals.

The Park District’s contention on appeal is that the circuit court erred in directing the verdict in Gembara’s favor. The propriety of a directed verdict must be judged according to the standard set forth in Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 229 N.E.2d 504, that verdicts should be directed only in those cases in which all the evidence, when viewed in its aspect most favorable to the opponent, so overwhelmingly favors the movant that no contrary verdict could ever stand. Mort v. Walter (1983), 98 Ill. 2d 391, 396, 457 N.E.2d 18, citing Pedrick, 37 Ill. 2d at 510.

To establish negligence, the underlying cause of action in this case, a plaintiff must show the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, an injury proximately resulting from the breach and damages. (See Cunis v. Brennan (1974), 56 Ill. 2d 372, 374, 308 N.E.2d 617; Martello v. Century Supply Co. (1987), 163 Ill. App. 3d 521, 523, 516 N.E.2d 763.) The determination of the question of duty is an issue of law to be resolved by the court. (Walsh v. A.D. Connor, Inc. (1981), 99 Ill. App. 3d 427, 430, 425 N.E.2d 1153.) Although the existence of a legal duty is sometimes considered in terms of foreseeability, duty is not bottomed on foreseeability alone.

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Bluebook (online)
533 N.E.2d 504, 178 Ill. App. 3d 348, 127 Ill. Dec. 632, 1988 Ill. App. LEXIS 1834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-chicago-park-district-illappct-1988.