Enriquez v. City of Chicago

543 N.E.2d 905, 187 Ill. App. 3d 1110, 135 Ill. Dec. 337, 1989 Ill. App. LEXIS 1283
CourtAppellate Court of Illinois
DecidedAugust 25, 1989
DocketNo. 1—88—2680
StatusPublished
Cited by2 cases

This text of 543 N.E.2d 905 (Enriquez v. City of Chicago) 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
Enriquez v. City of Chicago, 543 N.E.2d 905, 187 Ill. App. 3d 1110, 135 Ill. Dec. 337, 1989 Ill. App. LEXIS 1283 (Ill. Ct. App. 1989).

Opinion

JUSTICE QUINLAN

delivered the opinion of the court:

Plaintiffs filed a wrongful death action against the City of Chicago (City) for the death of Antonio Enriquez, who died as a result of an automobile accident on a bridge owned and operated by the City. Plaintiffs alleged that the City was negligent in allowing the bridge to become icy and that Enriquez was killed as a proximate result of the city’s negligence. The circuit court of Cook County granted summary judgment for the City and denied plaintiffs’ countermotion for summary judgment, finding that the City was immune from liability for the icy condition of the bridge. (See Ill. Rev. Stat. 1987, ch. 85, par. 3 — 105.) Plaintiffs now appeal that decision. We affirm.

On November 20, 1981, at approximately 11 p.m., Antonio Enriquez was traveling west on 106th Street in Chicago. A car driven by Javier Bermea was traveling east on the same street. As both vehicles were crossing a bridge located at 3228 East 106th Street, Bermea’s vehicle slid on ice which had accumulated on the bridge. Bermea’s car slid into the lane of oncoming traffic and collided with Enriquez’s car. Enriquez died as a result of this accident.

Thereafter, Ernestina Enriquez, as special administrator of the estate of Antonio Enriquez, and on her own behalf and as a mother and next friend of Antonio Enriquez, Jr., Carlos Enriquez, Alberto Enriquez and Guadalupe Enriquez, minors, and Maria Del Carmen Enriquez (plaintiffs), filed a six-count wrongful death action against Javier Bermea, Eleazar Bermea (Javier’s father), and the City of Chicago. Counts V and VI were directed against the City and are the only counts involved in this appeal.

Count V of plaintiffs’ complaint was brought on behalf of the estate of Antonio Enriquez, and count VI was brought on behalf of the decedent’s next of kin. In those counts, plaintiffs alleged: that the City had control and possession of the bridge where the accident occurred; the City negligently allowed the bridge to become covered with an unnatural accumulation of ice and snow; the City knew or should have known in the exercise of ordinary care that the bridge was in a dangerous condition due to the ice; the City failed to close the bridge to traffic even though the bridge was in a dangerous condition; and the City failed to warn motorists of the bridge’s dangerous condition. Plaintiffs then alleged that Enriquez was killed as a proximate result of the City’s negligence.

In its answer, the City admitted that it owned and controlled the bridge where Enriquez was killed and that it had a duty to maintain the bridge in a reasonably safe condition. The City denied, however, that it was negligent or that any act or omission on its part was the proximate cause of Enriquez’s death. The City, in its answers to plaintiff’s interrogatories, said that it employed two bridge tenders at the bridge in question at all times. The City also said that there were no signs posted on 106th Street, near the bridge, warning that the bridge was slippery and icy.

Several depositions were also taken in connection with this case. Officer William Bratek, a Chicago police officer who was assigned to the “Major Accident Investigation” section of the department on November 20, 1981, was among those who gave a deposition. Bratek testified that he was called to the scene of the accident between Enriquez and Bermea and saw two vehicles on the east side of the bridge. Bratek said that 106th Street was dry and clear at that time, but that there was a “minor layer of ice” on the street approaching the bridge from the west.

John Aquino, a meteorologist and vice-president of the operational forecast group at Murray and Trettel, Inc., also gave a deposition and provided an affidavit in this case. Aquino related in his sworn testimony that temperatures were above freezing during the daytime on November 20, 1981, and that any snow that fell during the daytime would have melted when it landed on the bridge. Aquino also said that after the sun set that day, around 4:30 p.m., the temperatures dropped below freezing. Aquino stated that the temperature of the bridge would then have dropped to the freezing point, due to the air circulation around the bridge, as well as the fact that the bridge was constructed of metal and concrete. Once the bridge reached the freezing point, he said, any snow that fell on the bridge would not melt, but instead would begin to accumulate as a “slush.” Aquino estimated that the slush would freeze within an hour as the temperature continued to drop, and that any subsequent snow that fell would collect on top of the frozen slush. However, Aquino said, in the areas adjacent to the bridge, including the roads, the snow that fell would continue to melt and evaporate because the temperature of the ground would drop at a much slower rate than the temperature of the bridge. Aquino explained that this was the reason bridges often froze while the roads remained clear and dry.

In addition to the foregoing, the “Rules and Regulations for Bridge Tenders” and the “Rules and Regulations for Guidance of Bridge Tenders” (hereinafter both will be referred to as rules and regulations) were submitted to the court without objection. The rules and regulations instructed bridge tenders that, “[s]now and ice must be removed from bridge sidewalks and not be allowed to accumulate. The chemical component supplied at all bridges must be used when warranted by conditions.” In addition, the specific rules and regulations pertaining to snow and ice removal instructed bridge tenders:

“Whenever snow falls, clear the sidewalks, and then the roadways frequently, so that it will not accumulate sufficiently to interfere with operation of the bridge. Start from the center and clean all the way towards the roadway gates. Be careful and avoid danger of injury from street traffic.
If it snows hard do not wait for the snow to cease, but proceed at once as outlined above. Clean thoroughly to prevent an accumulation of slush from freezing hard and becoming dangerous (particularly on roadways). Sweep snow from rack pinions. Also clean snow and ice off river pedestals. Keep snow clear from center break in roadway joints so as to reduce probability of freezing together of the leaves which might hinder opening of the bridge.
When sidewalks (especially approach sidewalks) or roadways, or both, are covered with ice or sleet, sprinkle well with ashes or cinders. NEVER USE SALT on the bridge or approach since such use will result in some of the salt getting into the machinery, with harmful results.”

The City filed four separate motions for summary judgment (its original motion and three amended motions), plaintiffs responded to each motion and, in addition, filed counter motions for summary judgment. In each of its motions for summary judgment, the City contended that it was not liable to the plaintiff based on section 3 — 105 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) (Ill. Rev. Stat. 1987, ch. 85, par. 3— 105). Section 3 — 105 provides that a local public entity or public employee is not liable for injuries which result from the effect of weather conditions, including the natural accumulation of ice and snow.

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Cite This Page — Counsel Stack

Bluebook (online)
543 N.E.2d 905, 187 Ill. App. 3d 1110, 135 Ill. Dec. 337, 1989 Ill. App. LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/enriquez-v-city-of-chicago-illappct-1989.