Colvin v. Hobart Bros.

620 N.E.2d 375, 156 Ill. 2d 166, 189 Ill. Dec. 407, 1993 Ill. LEXIS 57
CourtIllinois Supreme Court
DecidedJuly 22, 1993
Docket74197
StatusPublished
Cited by43 cases

This text of 620 N.E.2d 375 (Colvin v. Hobart Bros.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colvin v. Hobart Bros., 620 N.E.2d 375, 156 Ill. 2d 166, 189 Ill. Dec. 407, 1993 Ill. LEXIS 57 (Ill. 1993).

Opinions

JUSTICE BILANDIC

delivered the opinion of the court:

On February 27, 1989, plaintiff, Ivan Colvin (Colvin), filed an action in the circuit court of Peoria County against the defendant, Hobart Brothers (Hobart), his former employer, requesting the court to declare a settlement contract lump sum petition and order of the Illinois Industrial Commission entered on December 26, 1984, as void and unenforceable. After two complaints were dismissed for failure to state a cause of action, plaintiff filed a second-amended complaint. Defendant again moved to dismiss for failure to state a cause of action. Defendant’s motion was denied.

Thereafter, defendant answered the second-amended ' complaint and filed certain affirmative defenses. Defendant then engaged in some discovery which culminated with the taking of plaintiff’s discovery deposition. Then defendant moved for summary judgment and plaintiff filed a cross-motion for summary judgment. The trial court denied defendant’s motion for summary judgment and granted plaintiff’s motion for summary judgment and remanded the cause to the Illinois Industrial Commission for new proceedings.

Plaintiff’s second-amended complaint alleges that he was exposed to welding fumes and smoke during the 19 years that he was employed by Hobart; that he retained attorney Richard Price, who filed a workers’ compensation action against Hobart in 1983 (Ivan Colvin v. Hobart Brothers, Case No. 83 — OD—80035); that attorney Price settled the case for $20,000, and the settlement contract, fees and costs were approved by the Illinois Industrial Commission; that Hobart issued its check for $20,000 and plaintiff received the net proceeds due him; that plaintiff was not advised by his attorney that this was a settlement in full; that his attorney told him he would receive additional funds from Hobart; that in 1986, plaintiff discovered he was defrauded by his attorney; that he filed a complaint with the Attorney Registration and Disciplinary Commission (ARDC); that the ARDC’s investigation was completed in June 1987; and that plaintiff did not agree to the $20,000 settlement nor did he authorize his attorney to make the settlement. Plaintiff requested that the settlement be declared void and unenforceable and that the Industrial Commission be directed to reopen plaintiff’s claim against Hobart.

Defendant’s motion to dismiss the second-amended complaint was denied. Defendant’s answer denied the material allegations of the second-amended complaint and asserted certain affirmative defenses. Then the defendant proceeded with discovery by use of written interrogatories and a request for production of documents, and taking the discovery deposition of the plaintiff.

On July 29, 1991, defendant filed its motion for summary judgment supported by the pleadings, plaintiffs responses to interrogatories, plaintiff’s responses to defendant’s request for production of documents, and the transcript of the deposition of plaintiff and exhibits attached to the deposition. Plaintiff filed a cross-motion for summary judgment, which relied on the pleadings and the deposition of the plaintiff taken by the defendant.

The trial court denied defendant’s motion for summary judgment but allowed plaintiff’s motion for summary judgment, and remanded the cause to the Illinois Industrial Commission for new proceedings. The appellate court affirmed. (229 Ill. App. 3d 1018.) We granted defendant’s petition for leave to appeal (134 Ill. 2d R. 315).

The issue presented is whether the trial and appellate courts committed error when they denied defendant’s motion for summary judgment and granted plaintiff’s motion for summary judgment.

I

The purpose of summary judgment is to determine whether there are any genuine issues of material fact (Purtill v. Hess (1986), 111 Ill. 2d 229, 240), and summary judgment should be granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 1005(c)). Although summary judgment is an expeditious method of disposing of a lawsuit, it should only be allowed when the right of the moving party is clear and free from doubt. (Purtill, 111 Ill. 2d at 240.) The court must consider all the evidence before it strictly against the movant and liberally in favor of the nonmovant. Purtill, 111 Ill. 2d at 240.

When the court grants one party’s summary judgment motion as to all issues and denies the other party’s summary judgment motion, the resulting order is final and appealable because it entirely disposes of the litigation. Village of Fox Lake v. Aetna Casualty & Surety Co. (1989), 178 Ill. App. 3d 887, 916-17.

In the case at bar, the appellate court made the following finding:

“[D]efendant did not depose Price. Other than plaintiff’s deposition, defendant did not introduce any substantive evidence as to the circumstances surrounding whether this settlement contract was authorized at the time Price entered it. The agreement alone, although approved by the Industrial Commission, provided no evidence that plaintiff authorized his attorney to settle the claim in full. ***
The only evidence before the court was that Price settled the case without advising plaintiff of the true facts.” 229 Ill. App. 3d at 1022.

Our review of the record reveals that the appellate findings are misplaced. In response to interrogatories submitted by defendant and defendant’s request for production of documents, the plaintiff produced the sworn statement of Price given to the ARDC in response to plaintiff’s charges against him which are substantially the same as the allegations in plaintiff’s second-amended complaint here. Plaintiff also produced correspondence, medical reports, and other relevant documents sent to him by Price, while the case was pending, and by the ARDC following his complaint against Price.

Defendant’s motion for summary judgment was supported by the pleadings, plaintiff’s deposition with exhibits attached, plaintiff’s responses to interrogatories, and plaintiff’s responses and documents produced in response to defendant’s request to produce.

Plaintiff’s motion for summary judgment relies on the oral responses of plaintiff at his deposition and ignores the exhibits he produced and his testimony regarding the exhibits. Plaintiff’s assertion that his testimony is unrefuted is also misplaced.

Our review of the record reveals that plaintiff, Ivan Colvin, started to work for Hobart in 1964. Initially, he repaired welding machines. Later he conducted demonstrations and explained the operation of the welding equipment at shops and factories. He claims that fumes produced at the welding sites while conducting demonstrations affected his breathing. Approximately 19 years later, he went on disability. The last day that he worked for Hobart was June 27, 1982. In addition, he applied for and received disability payments from social security.

In June of 1983, he retained Price as his attorney to represent him in a workers’ compensation occupational disease action against Hobart for a contingent fee of 20%. The action, entitled Ivan Colvin v.

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Cite This Page — Counsel Stack

Bluebook (online)
620 N.E.2d 375, 156 Ill. 2d 166, 189 Ill. Dec. 407, 1993 Ill. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colvin-v-hobart-bros-ill-1993.