Ellison v. Village of Northbrook

650 N.E.2d 1059, 209 Ill. Dec. 86, 272 Ill. App. 3d 559
CourtAppellate Court of Illinois
DecidedMarch 31, 1995
Docket1-92-0183
StatusPublished
Cited by5 cases

This text of 650 N.E.2d 1059 (Ellison v. Village of Northbrook) 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
Ellison v. Village of Northbrook, 650 N.E.2d 1059, 209 Ill. Dec. 86, 272 Ill. App. 3d 559 (Ill. Ct. App. 1995).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

Plaintiff, Joan Ellison, brought the present action against defendants, Village of Northbrook (hereinafter Northbrook) and Pinner Electric Company (hereinafter Pinner), to recover damages for injuries she sustained in an automobile accident. Northbrook filed a motion to dismiss the complaint pursuant to section 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 619 (now 735 ILCS 5/2 — 619 (West 1992))) citing the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter Act) as a bar to plaintiff’s claim. (Ill. Rev. Stat. 1987, ch. 85, par. 1 — 101 et seq. (now 745 ILCS 10/1 — 101 et seq. (West 1992))). Pinner filed a motion to dismiss the complaint pursuant to section 2 — 615 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615 (now 735 ILCS 5/2 — 615 (West 1992))) asserting it owed no duty to the plaintiff. The trial court sustained both motions and dismissed plaintiff’s third amended complaint at law. It is from this order plaintiff now appeals pursuant to Supreme Court Rule 304(a). 134 Ill. 2d R. 304(a).

FACTUAL BACKGROUND

On July 25, 1988, plaintiff, Joan Ellison was injured in an automobile accident at the intersection of Waukegan Road and Walters Avenue in the Village of Northbrook. Plaintiff was travel-ling northbound on Waukegan and attempted to turn left on to Walters when she was struck by two vehicles proceeding in a southerly direction on Waukegan. Plaintiff initially filed suit against the drivers of these two vehicles.

Plaintiff subsequently amended her complaint to include as defendants Northbrook and Pinner. In her third amended complaint, plaintiff alleged that Northbrook disregarded its duty to exercise ordinary care and was guilty of one of the following careless and negligent acts or omissions of duty:

"(a) Failed to split the phase on Waukegan Road traffic signal for north and southbound traffic to provide sufficient time for northbound traffic to turn west and southbound traffic to turn east.
(b) Failed to provide an intersection that is reasonably safe for northbound traffic turning left by failing to stagger the timing in the Waukegan Road traffic control signal.
(c) Failed to monitor the intersection and make traffic engineering studies after having prior notice of numerous accidents at said intersection.
(d) Failed to monitor the approach speeds of vehicles from all sides of the intersection.
(e) Failed to make origin and destination studies and/or traffic counts of each leg of the Walters Avenue and Waukegan Road intersection.
(f) Failed to provide sufficient time for motorists to turn left at said intersection by splitting the light phase or installing a turn arrow.
(g) Failed to stagger starting times of northbound and southbound lights on Waukegan Road.”

At the time of the occurrence, Pinner was under contract with Northbrook to maintain the traffic signals in question at the time of the occurrence. Plaintiff alleged Pinner also disregarded its duty to exercise ordinary care and was guilty of the same careless and negligent acts against Northbrook. Plaintiff further alleged Pinner failed to maintain the traffic control signals for northbound and southbound traffic on Waukegan in a reasonably safe manner.

The intersection at Waukegan and Walters is a four-way intersection protected by the standard red/yellow/green traffic lights. The traffic signal devices are traffic actuated such that the light on Waukegan remains green until an automobile approaches the intersection travelling on Walters which triggers a change in the traffic signal phase. There is no left-turn signal for any direction on either street.

OPINION

I

Plaintiff contends that Northbrook was negligent in that it failed to exercise ordinary care in the maintenance of its traffic control devices. She alleges that the timing schedule of the traffic lights as established by Northbrook created a hazardous condition for motorists in that it did not provide adequate time for an automobile to safely execute a left turn from Waukegan onto Walters. Plaintiff’s complaint does not allege that the lights were not operating in accordance with their preset timing schedule as established by the State of Illinois or were malfunctioning in any other way. Instead, plaintiff claims the timing sequence as established was not proper and the intersection was thereby rendered unsafe.

In response to plaintiff’s argument, Northbrook argues that the timing sequence is formally established by the Department of Transportation of the State of Illinois and to change or alter that sequence is not a maintenance function but is a design alteration or upgrade of the traffic control devices at the intersection. Therefore, Northbrook asserts it is shielded from liability pursuant to the Act. We agree with Northbrook.

In considering the propriety of the dismissal of a complaint, we must accept all properly pleaded facts as true and limit our review to questions of law presented by that pleading. (Fancil v. Q.S.E. Foods, Inc. (1975), 60 Ill. 2d 552, 554, 328 N.E.2d 538.) A plaintiff’s claim should be dismissed on the pleadings only if there exists no set of facts which could entitle plaintiff to recover. Burdinie v. Village of Glendale Heights (1990), 139 Ill. 2d 501, 504, 565 N.E.2d 654.

The tort liability of municipalities is governed by the Act (Goebig v. City of Chicago (1989), 188 Ill. App. 3d 614, 616, 544 N.E.2d 1114), which immunizes local governments and their employees from liability arising from the "operation of government.” (Illl. Rev. Stat. 1987, ch. 85, par. 1 — 101.1 (now 745 ILCS 10/1 — 101.1 (West 1992)).) "Operation of government”. has been judicially interpreted to encompass those acts which are unique to the particular public office and discretionary in nature. (Greeson v. Mackinaw Township (1990), 207 Ill. App. 3d 193, 565 N.E.2d 695.) Conduct which is not subject to immunity under the Act, ministerial acts,- has been defined as that performed on a given state of facts in a prescribed manner, in obedience to the mandate of legal authority, and without reference to the official’s discretion as to the propriety of the act. (Greeson, 207 Ill. App. 3d at 201.) This court has recently held that the act of maintaining existing highways is ministerial in nature and thus municipalities would not enjoy immunity from suit for the negligent performance of that act. Long v.

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Bluebook (online)
650 N.E.2d 1059, 209 Ill. Dec. 86, 272 Ill. App. 3d 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellison-v-village-of-northbrook-illappct-1995.