Centracchio v. Rossi Construction Co.

524 N.E.2d 1000, 170 Ill. App. 3d 1007, 120 Ill. Dec. 818, 1988 Ill. App. LEXIS 690
CourtAppellate Court of Illinois
DecidedMay 17, 1988
Docket87—2099, 87—2247 cons.
StatusPublished
Cited by5 cases

This text of 524 N.E.2d 1000 (Centracchio v. Rossi Construction Co.) 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
Centracchio v. Rossi Construction Co., 524 N.E.2d 1000, 170 Ill. App. 3d 1007, 120 Ill. Dec. 818, 1988 Ill. App. LEXIS 690 (Ill. Ct. App. 1988).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Plaintiff, a Chicago police officer, brought this action against Rossi Construction Company (Rossi) to recover for injuries allegedly sustained as a result of a one-car accident on a roadway where Rossi was doing road construction work. Rossi filed a third-party action against the City of Chicago on the ground that the city-owned car driven by the plaintiff was defective and thereby caused the accident. At the close of Rossi’s case the court granted the city’s motion for a directed verdict. Although the jury returned a verdict for Rossi, the trial judge granted plaintiff’s motion for a new trial. Rossi appeals, arguing that the trial court erred in (1) granting the city’s motion for a directed verdict; (2) barring testimony of the police officer who inspected the vehicle in question; and (3) granting plaintiff a new trial.

On the morning of August 31, 1980, plaintiff was driving his police car east on 130th Street at about 30 miles per hour. It had been raining that day and the road was wet. East 130th Street is a four-lane street; however, because the two permanent eastbound lanes were under construction, plaintiff was traveling on one of the permanent westbound lanes that was temporarily designated as an eastbound lane.

Rossi had undertaken road construction work on east 130th Street pursuant to a contract with the County of Cook and had subcontracted with Western Traffic to provide traffic safety services to the jobsite, including signs, barricades and warning lights. In addition to adhering to a regular maintenance schedule, Western’s normal procedure was to make complete inspections of the site before long holiday weekends to ensure safe travel conditions for the public. Specifically, at the time the jobsite closed on August 29, 1980, the Friday before the Labor Day weekend, it was inspected by Western and found to be adequately maintained and safe; construction activity had shut down completely from that time until after plaintiff’s accident on Sunday, August 31, 1980.

The jobsite was also inspected on Friday, August 29, 1980, by Leroy Hild, Rossi’s construction supervisor. Hild testified that he customarily made a drive-through inspection at the end of every workday to ensure that all safety precautions were taken and to make certain that all construction material and equipment were off the roadway so the road would be clear for motor vehicles. Hild further testified that the road was clear when he made his inspection.

On Sunday morning, August 31, 1980, Hild again inspected the site, in response to a call from the Port Authority of Chicago, which had called Rossi to report flooding in the roadway. Hild inspected the entire length of the work area and found nothing unusual in the open roadway.

Plaintiff’s accident occurred an hour after Hild left the jobsite. Approximately 100 to 150 feet after leaving a bridge, plaintiff saw two piles of gravel about 18 inches high, 18 inches wide, and placed about 18 inches apart, with their bottoms “meltfing] into one another.” He saw the two piles of gravel just seconds before the right front wheel of his car went over them; his back wheel may have gone over the piles as well. After his car struck the gravel it began sliding to the right. At first plaintiff “kind of went with” the slide, but then turned his steering wheel once to the left to try to break out of it; the wheel turned, but when plaintiff was unable to turn out of the slide, the car slid through a large pile of four-by-fours and collided with a newly poured cement curb.

Officers John Dorris and Felix Contreras, who came upon the scene subsequent to the incident, both testified that although there was loose gravel scattered about the roadway, there were no piles of it. Police photos taken at the site immediately following the accident show no piles of gravel in the roadway. Immediately following the site investigation, Officers Dorris and Contreras continued to the hospital where plaintiff had been taken and they spoke with him concerning the accident. Plaintiff told the officers that “he had hit some gravel while travelling eastbound on 130th Street, lost control of the vehicle and *** thought the power steering had gone out.”

At the close of Rossi’s case, and over Rossi’s objection, the trial judge entered a directed verdict in favor of the city. At the close of all the evidence, the jury returned a verdict in favor of Rossi. Subsequently, the judge granted plaintiff’s motion for a new trial. (A transcript of the hearing on this motion is not included in the record on appeal.) Rossi appeals from both orders.

Opinion

I. Whether the trial court erred in granting the city’s motion for a directed verdict.

The Illinois Supreme Court has held 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.” (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 510, 229 N.E.2d 504.) Rossi contends that the trial court erred in directing a verdict in favor of the city because there was ample evidence to show that plaintiffs accident was caused by the city’s conduct. In support of its argument that a jury could reasonably have concluded that the defective condition of the vehicle’s power steering caused plaintiff’s accident, Rossi cites plaintiff’s testimony that at the time of the accident the power steering on the city’s vehicle failed to respond.

The city contends that Rossi waived its argument that the evidence was sufficient to show that the city’s negligence caused plaintiff’s accident because it did not include this argument in its post-trial motion. See Supreme Court Rule 366(b)(2)(iii) (107 Ill. 2d R. 366(b)(2)(iii)): “A party may not urge as error on review of the ruling on his post-trial motion any point, ground, or relief not specified in the motion.”

Addressing the merits of Rossi’s argument, the city contends that there was no evidence that it could have anticipated the car’s purported malfunction and therefore no evidence that it was negligent. Plaintiff testified that he had no problems with the power steering mechanism in the four years he had driven the car; that if he had any problems, a police department order required him to notify motor maintenance to get the car repaired; and that as far as he knew the power steering had never required repair.

In refusing to give Rossi’s proposed jury instruction on the city’s failure to notify plaintiff of the defective condition of the car, the trial judge stated:

“The testimony as I heard the evidence was that nothing happened to the car prior to he started sliding [sic]. That was the testimony. Now, he said the car didn’t respond when he tried to turn it out of the skid. That’s not exactly the same thing as saying there’s a defect.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bridges v. City of Chicago
2023 IL App (1st) 220270-U (Appellate Court of Illinois, 2023)
Davidson v. Flach
2022 IL App (1st) 210512-U (Appellate Court of Illinois, 2022)
Barry v. Owens-Corning Fiberglas Corp.
668 N.E.2d 8 (Appellate Court of Illinois, 1996)
Hulman v. Evanston Hospital Corp.
631 N.E.2d 322 (Appellate Court of Illinois, 1994)
Gorman v. Shu-Fang Chen, M.D., Ltd.
596 N.E.2d 1350 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
524 N.E.2d 1000, 170 Ill. App. 3d 1007, 120 Ill. Dec. 818, 1988 Ill. App. LEXIS 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/centracchio-v-rossi-construction-co-illappct-1988.