Cnota v. Palatine Area Football Ass'n

592 N.E.2d 196, 227 Ill. App. 3d 640, 169 Ill. Dec. 709
CourtAppellate Court of Illinois
DecidedMarch 20, 1992
Docket1-90-0861
StatusPublished
Cited by13 cases

This text of 592 N.E.2d 196 (Cnota v. Palatine Area Football Ass'n) 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
Cnota v. Palatine Area Football Ass'n, 592 N.E.2d 196, 227 Ill. App. 3d 640, 169 Ill. Dec. 709 (Ill. Ct. App. 1992).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Plaintiff Linda Cnota, a waitress, fell and injured herself when she allegedly tripped over coats dropped on the floor by customers, a group of young football players with their families. Plaintiff filed a personal injury action against defendant Palatine Area Football Association (PAFA or the Association) and against defendant John Rudolph, president of PAFA, and defendant Linda Beckman, the mother of one of the team members as “representatives” of the Association. The trial court entered summary judgment in favor of defendants, and plaintiff appeals from that judgment.

The complaint, filed December 23, 1988, alleges that on November 15, 1987, plaintiff worked as a waitress at a restaurant named Ye Olde Town Inn. The Palatine Area. Football Association, an unincorporated voluntary association, had “reserved a portion” of the restaurant for its “sole use.” The complaint alleged that defendants Rudolph and Beckman were “representatives of that unincorporated voluntary association.”

The complaint alleges further that “defendants undertook to voluntarily change the configuration of the tables and chairs and other restaurant equipment for their sole use.” Defendants also “undertook to voluntarily place their coats and other garments on or about the aforesaid chairs and equipment.” Defendants violated their “duty to utilize ordinary care in the performance of these undertakings” and were negligent in the following manner:

“a. Failed to arrange the tables and chairs and other equipment so as to allow a clear and unimpeded path for Plaintiff to walk through in performing her duties;
b. Failed to arrange the tables and chairs and other equipment so as to allow Plaintiff a clear line of sight to clothing and other garments which were on the floor alongside the chairs and tables;
c. Failed to properly hang or support their clothing and other garments so that they would not fall to the floor in a fashion which could not be seen or detected by Plaintiff;
d. Failed to pick up clothing and other garments from the floor after the aforesaid clothing had fallen in a fashion which could not be seen or detected by Plaintiff; [and]
e. Failed to warn Plaintiff of the hazardous and dangerous condition present due to the presence of hidden clothing and other garments on the floor.”

The complaint alleges further that plaintiff “could not and did not see the aforesaid clothing *** which had fallen to the floor in the narrow corridor created by Defendants due to their voluntary rearrangement of the tables and chairs of Plaintiff’s employer.” Plaintiff, therefore, “tripped and fell over the aforesaid hidden clothing” and was injured.

In its answer, filed March 3, 1987, defendants responded to the allegation that PAFA was a voluntary association and the individual defendants were “representatives” of the Association:

“Paragraph 2 merely states a legal conclusion and therefore no response is required thereto. If any response is required Defendant denies the allegations in paragraph 2 and each of them.”

On May 23, 1989, defendants filed a motion for summary judgment, arguing that the Association could not be held liable for torts of individuals when it had no control over their acts. Attached to defendants’ motion for summary judgment was an affidavit of Christopher Childers, the team’s coach, stating that Childers was never an officer or employee of PAFA. Childers stated further that the pizza party “was not a pizza party given on behalf of the Association.” Instead, the pizza party “was an informal gathering organized by some coaches and parents of members of the White Team, a single team belonging to the Association.” Childers also stated that “[n]o officer or representative of the Association organized the pizza party on the Association’s behalf.” The affidavit continued:

“Only some of the White Team members were present at the pizza party along with their coaches, as well as some brothers, sisters, parents and friends.
Each parent of a team member paid for pizza and refreshments consumed by himself and his children. The Association made no payment or contribution toward the purchase of same.
The Association did not organize, sponsor, or in any way become involved in making arrangements for the subject pizza party.”

Beckman testified at her deposition that she volunteered to arrange a party for the end of the season.

“A. Well, in ’86 I knew the kids had a party, you know, the team had a party. So one of the mothers was coming around — now we’re talking ’87 — *** [and] I asked her if she heard of anything about if we were having any kind of a party for the boys, and she said no.
So then I went up to Chris Childers and I asked him if there was going to be any party because none of us had heard anything, and he said I really haven’t had time to do it. And I said would you like me to do it? And he said would you mind? And I said no, and that was it.
Q. And what did you do?
A. Well, it seemed like the kids had a good time at the Olde Town Inn from the year before when we went. It seemed like it went real smooth, so I went back there.”

Beckman testified that shortly before the party, she went into the restaurant and spoke with plaintiff, and told plaintiff that “the football team” wanted a party “like last year.” Plaintiff gave her the manager’s telephone number. Beckman later telephoned the manager and said she wanted “to have a football party at his place like they had last year.” The manager referred her to the head waitress. Beck-man later telephoned the head waitress.

“A. And I spoke to her about it. I asked her her suggestions on it, if they can accommodate about 60 to 70 people, because she was asking me how many people; and I told her we were all paying our own tab. ***
* * *
Q. *** Do you recall if you made a reservation in any specific name?
A. No.”

Beckman testified that on the day of the party, she arrived at the restaurant with her son. The bartender told Beckman that “I had to supervise the children — there had to be an adult supervision [sic] in the bar area with the children.” At one point, Beckman asked plaintiff “if we could have it so the team could sit together like they did last year, the previous year, and she said yes.” Then plaintiff “and one of the cooks I guess came out and they rearranged the table[s].” Beckman did not see anybody else assist them in the rearranging.

Beckman testified that approximately 60 people attended, 25 of whom were the team members.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 196, 227 Ill. App. 3d 640, 169 Ill. Dec. 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cnota-v-palatine-area-football-assn-illappct-1992.