Fireman's Fund Ins. Co. v. SEC Donohue, Inc.

679 N.E.2d 1197, 176 Ill. 2d 160, 223 Ill. Dec. 424
CourtIllinois Supreme Court
DecidedApril 17, 1997
Docket81439
StatusPublished
Cited by58 cases

This text of 679 N.E.2d 1197 (Fireman's Fund Ins. Co. v. SEC Donohue, Inc.) 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
Fireman's Fund Ins. Co. v. SEC Donohue, Inc., 679 N.E.2d 1197, 176 Ill. 2d 160, 223 Ill. Dec. 424 (Ill. 1997).

Opinion

679 N.E.2d 1197 (1997)
176 Ill.2d 160
223 Ill.Dec. 424

FIREMAN'S FUND INSURANCE COMPANY, as Subrogee of Neptune Construction Company, Inc., Appellant,
v.
SEC DONOHUE, INC., f/k/a Donohue & Associates, Inc., Appellee.

No. 81439.

Supreme Court of Illinois.

April 17, 1997.

Mark A. Schramm of Esposito, Heuel & Schramm, Chicago, for appellant.

Paul F. Conarty, Wheaton, for appellee.

*1198 Justice FREEMAN delivered the opinion of the court:

The question presented for review is whether the economic loss doctrine, as enunciated by this court in Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69, 61 Ill.Dec. 746, 435 N.E.2d 443 (1982), bars a tort action against an engineer for purely economic losses. We hold that it does.

BACKGROUND

This cause is before us following a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)). The motion admits all well-pled allegations in the complaint and reasonable inferences to be drawn from the facts. Mayfield v. ACME Barrel Co., 258 Ill.App.3d 32, 34, 196 Ill.Dec. 145, 629 N.E.2d 690 (1994); Chicago Title & Trust Co. v. Weiss, 238 Ill.App.3d 921, 924, 179 Ill.Dec. 78, 605 N.E.2d 1092 (1992).

The complaint alleges as follows. Plaintiff, Fireman's Fund Insurance Company (Fireman's), is the subrogee of Neptune Construction Company (Neptune). Neptune is a contractor in the business of constructing underground water service. Defendant, SEC Donohue, Inc., formerly known as Donohue and Associates, Inc. (Donohue), is a professional engineering firm.

In April 1989, Neptune entered into a subcontract agreement with Artfield Builders to install underground water service for an apartment complex located on East River Road between Golf and Central Roads in Des Plaines. Neptune was to tunnel horizontally from the complex, under a state tollway, and connect with water supply lines on the opposite side of the tollway. Neptune was to perform its work "in accordance with the engineering plans, specifications and general conditions prepared by: DONOHUE & ASSOCIATES, INC."

Donohue was the project engineer. Under Donohue's contract with Artfield, Donohue was to provide engineering plans for improvements that included water supply lines. In anticipation of Neptune's work, Donohue supplied drawings and plans that specified where Neptune should dig the tunnel and use an auger to bore into the water supply lines.

Donohue's drawings and plans erroneously located the site for digging and boring at a spot approximately 73 yards south of the correct location. Relying on Donohue's plans, Neptune worked at the wrong location, thereby damaging the shoulder of the tollway. The Illinois State Toll Highway Authority required Neptune to repair the tollway at a cost of $57,754.02. Neptune made a claim to its insurer, Fireman's, for this amount. Fireman's paid the claim, becoming subrogated to Neptune's claim against Donohue.

Fireman's brought a negligence action against Donohue in the circuit court of Cook County. The complaint alleged that Donohue had the duty to provide accurate information to those who would rely on it, such as Neptune; that Donohue breached that duty by "carelessly and mistakenly" locating the site for digging and boring 73 yards south of the correct location; and that Neptune's damages were proximately caused by its reliance on Donohue's erroneous work.

The trial court denied defendant's motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)). The trial court subsequently certified the following question for interlocutory review (see 134 Ill.2d R. 308):

"Is a professional engineer who prepares plans and specifications for a construction project in the business of supplying information to others for the guidance of the recipient in its business dealings with third parties and liable in tort for negligent misrepresentations under Moorman Manufacturing Co. v. National Tank Co., [citation][?]"

The appellate court answered the question in the negative, reversing the trial court. 281 Ill.App.3d 789, 217 Ill.Dec. 212, 666 N.E.2d 881. The appellate court concluded that the economic loss doctrine applies to engineers in general. 281 Ill.App.3d at 796, 217 Ill.Dec. 212, 666 N.E.2d 881. The appellate court also concluded that Moorman's negligent misrepresentation exception to the economic loss doctrine (Moorman, 91 Ill.2d at 89, 61 Ill.Dec. 746, 435 N.E.2d 443) did not *1199 apply in this case. 281 Ill.App.3d at 798, 217 Ill.Dec. 212, 666 N.E.2d 881. We allowed Fireman's petition for leave to appeal (155 Ill.2d R. 315), and now affirm the appellate court.

DISCUSSION

The question certified for interlocutory review presents two issues. The first issue regards the form of the question itself; the second issue regards an exception to the economic loss doctrine. Before addressing these issues, some background is in order.

At common law, purely economic losses are generally not recoverable in tort actions. In re Illinois Bell Switching Station Litigation, 161 Ill.2d 233, 240, 204 Ill.Dec. 216, 641 N.E.2d 440 (1994). In Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69, 61 Ill.Dec. 746, 435 N.E.2d 443 (1982), this court enunciated the economic loss rule, and held that a products liability plaintiff cannot recover purely economic loss under the tort theories of strict liability, negligence, and innocent misrepresentation. Moorman, 91 Ill.2d at 91, 61 Ill.Dec. 746, 435 N.E.2d 443.

This court has explained the rationale of the economic loss doctrine as follows:

"In Moorman, this court [reasoned] that tort law would, if allowed to develop unchecked, eventually envelop contract law. Contract law serves a vital commercial function by providing sellers and buyers with the ability to define the terms of their agreements with certainty prior to a transaction. Where the duty of a seller has traditionally been defined by contract, therefore, Moorman dictates that the theory of recovery should be limited to contract although recovery in tort would be available under traditional tort theories." Congregation of the Passion, Holy Cross Province v. Touche Ross & Co., 159 Ill.2d 137, 159-60, 201 Ill.Dec.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Olson v. Ferrara Candy Co.
2025 IL App (1st) 241126 (Appellate Court of Illinois, 2025)
Ayo v. Quintero
2024 IL App (4th) 230607-U (Appellate Court of Illinois, 2024)
Kastl v. Associated Bank National Association
2023 IL App (1st) 221403-U (Appellate Court of Illinois, 2023)
Waldier v. Village of Frankfort
2022 IL App (3d) 210418-U (Appellate Court of Illinois, 2022)
State of Illinois v. Elite Staffing, Inc.
2022 IL App (1st) 210840 (Appellate Court of Illinois, 2022)
1541 North Bosworth Condominium Ass'n v. Hanna Architects
2021 IL App (1st) 200594 (Appellate Court of Illinois, 2021)
Baja Foods, LLC v. Spartan Surfaces, Inc.
2021 IL App (1st) 201156-U (Appellate Court of Illinois, 2021)
Harleysville Insurance Co. v. Mohr Architecture, Inc.
2021 IL App (1st) 192427-U (Appellate Court of Illinois, 2021)
BCBSM, Inc. v. Walgreen Co.
N.D. Illinois, 2021
Avery v. GRI Fox Run, LLC
2020 IL App (2d) 190382 (Appellate Court of Illinois, 2020)
Sienna Court Condominium Assoc. v. Champion Aluminum Corp.
2018 IL 122022 (Illinois Supreme Court, 2018)
Russo v. Walgreen Co.
N.D. Illinois, 2018
Toll Processing Services, LLC v. Kastalon, Inc.
880 F.3d 820 (Seventh Circuit, 2018)
Doe v. The University of Chicago Medical Center
2015 IL App (1st) 133735 (Appellate Court of Illinois, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
679 N.E.2d 1197, 176 Ill. 2d 160, 223 Ill. Dec. 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firemans-fund-ins-co-v-sec-donohue-inc-ill-1997.