Culhane v. Ludford

499 N.E.2d 686, 148 Ill. App. 3d 763, 102 Ill. Dec. 129, 1986 Ill. App. LEXIS 2972
CourtAppellate Court of Illinois
DecidedOctober 20, 1986
DocketNo. 2—85—0574
StatusPublished
Cited by3 cases

This text of 499 N.E.2d 686 (Culhane v. Ludford) 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
Culhane v. Ludford, 499 N.E.2d 686, 148 Ill. App. 3d 763, 102 Ill. Dec. 129, 1986 Ill. App. LEXIS 2972 (Ill. Ct. App. 1986).

Opinion

PRESIDING JUSTICE NASH

delivered the opinion of the court:

The estate of Virginia K. Daily filed a wrongful-death action against defendants and third-party plaintiffs, Timothy Ludford and Interstate United Corporation (Interstate), based upon Ludford’s alleged negligent operation of an Interstate van. These parties subsequently settled that action for $550,000, and defendants brought this action for contribution against third-party defendant, Marriott Corporation, the owner and operator of the site of the accident. After trial a jury determined Marriott was liable to the extent of 8% of the settlement amount and the trial court awarded third-party plaintiffs $43,348.96. Marriott appeals, contending its conduct did not proximately cause the injury because Ludford’s actions constituted an unforeseeable intervening cause.

Marriott’s Great America, a theme amusement park located in Gurnee, employs approximately 4,000 individuals during the summer months. Service corridors, or nonpublic roadways, run throughout the park and are used by Marriott employees and private vendors to make deliveries, haul trash, and perform work-related functions. A service corridor running in a westerly direction is located on the park’s east end and is 69 feet 10 inches wide. Both sides are graded slightly downward toward the center to facilitate water drainage. A yellow traffic line, which is located 8 inches north of the center, runs the length of the corridor.

An administration building located on the north side of this corridor stands opposite a maintenance building and two warehouses. The west end of the administration building houses the Employee Relations Service Center, and the departmental offices of the corporation are in a separate division in the east end of the building. There is no means of access between the two divisions within the building itself. A management parking lot is situated north of the administration building and an employee parking lot lies immediately north of it. Between the administration building and the management parking lot is a sidewalk running the length of the building and continuing around its east end. Near the west end of the administration building, there is a fence across the sidewalk which is customarily locked during business hours. Prior to its relocation in July 1983 for security reasons, a security booth had been located adjacent to the fence, and the gate had been open during business hours. The booth is presently located on the west end of the building, and, therefore, travelers from the east end of the building to the west end must use the service corridor.

In the service corridor itself, electric golf carts used by Marriott employees are charged by outlets in the south wall of the administration building. Nearby, two sets of air-conditioning equipment enclosed by cyclone fences are located against the center of the south wall. The fence surrounding the larger set of equipment extends 19 feet 4 inches from the building and is approximately 14 feet 2 inches from the center line of the service corridor. In addition, pickup trucks used to deliver food and merchandise throughout the park are customarily parked on both the north and south sides of the service corridor at 90-degree angles in parking slots maintained for such purposes. Bulk deliveries are made to the east end of the warehouses and do not use the service corridor.

On July 7, 1983, third-party plaintiff, Timothy Ludford, had been operating for several weeks a step van owned and maintained by third-party plaintiff, Interstate United Corporation, which stocked and serviced various vending machines in the park. The step van, which was 19 feet 9 inches long and 6 feet 8 inches wide, had no audible backup warning devices. Tests revealed the “blind spot” behind the van to be a triangular-shaped area extending 73 feet behind the vehicle; the distance from the ground to the outside rearview mirror was 80 inches.

At about 3 p.m. on July 7, 1983, Ludford drove into the service corridor and had traveled west approximately 225 feet when he noticed in his mirror that a case of soda had fallen out of the step van. He stopped, walked to the rear of the van and shut the overhead door. He did not notice any pedestrians at that time. He returned to the van, looked in both the right-hand and left-hand mirrors, and again did not see any pedestrians. He then stuck his head out of the open door on the driver’s side and began to back up the van in an eastbound direction at 5 or 6 miles per hour.

At the same time, plaintiff’s decedent, Virginia Lally, and Beverly Ann Skelley, both of whom were Marriott employees, were walking from the Employee Relations Service Center in the west end of the administration building to the offices located in the east end of the building. The two women were walking side by side facing traffic, with Skelley closest to the building, and therefore had their backs to the Interstate van. The van hit Lally, dragging her backwards a short distance, killing her.

On July 29, 1983, Lally’s estate filed suit against Ludford and Interstate for wrongful death based on Ludford’s negligent operation of the Van and Interstate’s negligent training of Ludford. On September 2, 1983, Ludford and Interstate filed a third-party claim for contribution against Marriott, alleging that Marriott was negligent in failing to provide safe pedestrian walkways or to warn employees of the dangerously congested condition of the service corridor. On October 23, 1984, Ludford and Interstate settled the underlying wrongful-death claim with Lally’s estate for $550,000.

At trial on the third-party claim for contribution, Ludford testified that, prior to his employment by Interstate, he had never driven a van or truck and his training consisted solely of being shown the routes through the park and the machines to be serviced. He was not tested on his driving ability or given driving instructions. He stated he backed up 10 or 15 feet before striking Lally. On cross-examination he testified he knew the service corridor was used by pedestrians but did not see anyone in the corridor immediately prior to the accident. He also stated he was aware of the blind spot to the rear of the van and believed it was at least 5 feet in length. The noise level in the corridor was not loud at the time of the accident. Ludford was aware of alternatives to driving his van in reverse, such as making a 180-degree turn at the west end of the corridor.

Beverly Ann Skelley testified Lally and she walked as close as possible to the administration building, but the air-conditioning equipment and parked vehicles prevented them from walking directly alongside the building. She stated the truck backed up approximately 100 feet and struck Lally from behind them as they were about to walk around the fenced-in air-conditioning equipment. She did not hear any sound from the van prior to the accident.

James Kearney, safety administrator for Marriott, testified that Marriott’s pickup trucks and vehicles used by private vendors in the service corridors were not required to have backup warning signals, although such devices could have been required by Marriott. He stated that park personnel attempted to limit the amount of vehicular traffic traveling throughout the corridor, which he described as moderate to light in the administration area, but not the pedestrian traffic.

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Cite This Page — Counsel Stack

Bluebook (online)
499 N.E.2d 686, 148 Ill. App. 3d 763, 102 Ill. Dec. 129, 1986 Ill. App. LEXIS 2972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culhane-v-ludford-illappct-1986.