Gavin v. City of Chicago

606 N.E.2d 506, 238 Ill. App. 3d 518, 179 Ill. Dec. 674
CourtAppellate Court of Illinois
DecidedDecember 31, 1992
Docket1-91-2606
StatusPublished
Cited by10 cases

This text of 606 N.E.2d 506 (Gavin 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
Gavin v. City of Chicago, 606 N.E.2d 506, 238 Ill. App. 3d 518, 179 Ill. Dec. 674 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Plaintiff Joyce Gavin brought suit against the City of Chicago (the City) for personal injuries she sustained when a car in which she was a passenger collided with a traffic light fixture. The City sought summary judgment, asserting that it had constructed the fixture almost 24 years before plaintiff brought suit and that the statute of repose for cases alleging design defects (Ill. Rev. Stat. 1987, ch. 110, par. 13—214), which provides a maximum period of 14 years after construction of an improvement within which to bring suit, barred plaintiff’s case. The circuit court denied the City’s motion, finding that the two-year statute of limitations contained in the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1983, ch. 85, par. 8—101), not section 13—214, controlled.

The circuit court certified for interlocutory review the following three questions concerning the relationship between the statute of repose for design defects and the statute of limitations found in the Tort Immunity Act:

“Is the required discovery period in the statute of repose section 13 — 214(b) inextricably related to the period of repose provided for in this section? If it is, is the discovery period provided for in [section] 13—214(b) in conflict with the limitation period provided for in the Tort Immunity Act section 8—101[?] If it is, does [section] 8—101 where a defendant is a municipality subject to coverage of Chpt. 85, take precedence?”

We are unable to answer the first question certified for review, due to the difficulty in ascertaining the meaning of the question as framed by the circuit court. As to the second question, we find no conflict between section 13—214(b) and section 8—101 and therefore need not answer the third question, concerning whether section 8—101 takes precedence over section 13—214. Accordingly, based on the following analysis, we reverse the trial court’s decision and hold that plaintiff’s action is barred by the statute of repose, section 13-214.

This interlocutory appeal concerns the relationship between the construction and design statute of repose section 13—214 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 13—214) and section 8—101 of the Tort Immunity Act (Ill. Rev. Stat. 1983, ch. 85, par. 8—101). Section 8—101 of the Tort Immunity Act, which indisputably is applicable to cases against the City, provides that “[n]o civil action may be commenced *** against a local [public] entity *** unless it is commenced within 2 years.” We begin our analysis by determining whether section 13—214 of the design and construction statute of repose is also applicable to suits brought against the City.

The statute of repose provides that actions based upon tort for an act or omission in the design, planning, supervision, observation, management, or construction of an improvement to real property shall be commenced within 10 years from the time of such act or omission and four years from the time the plaintiff knew or should have known of the act giving rise to the action. (Ill. Rev. Stat. 1987, ch. 110, par. 13—214(a).) If plaintiff discovers the act or omission giving rise to liability within 10 years, she is provided a further 4 years to bring the action. (Ill. Rev. Stat. 1987, ch. 110, par. 13—214(b).) It is plaintiff’s contention that the City cannot rely on section 13—214 as a defense since the section is inapplicable to either municipalities or landowners. Plaintiff’s assertion that section 13—214 does not apply to municipalities is simply incorrect in light of the recent decision in The Lombard Co. v. Chicago Housing Authority (1991), 221 Ill. App. 3d 730, 587 N.E.2d 485, holding that section 13—214 can be asserted as a defense by a municipal defendant, when that municipality has been involved in the design or management of a construction project. Plaintiff correctly points out that section 13—214 does not protect landowners unless that landowner engaged in the activities enumerated in section 13—214, such as the design, planning, supervision or management of a construction project. (Lombard, 221 Ill. App. 3d 730, 587 N.E.2d 485.) The statute does, however, protect anyone who engages in the enumerated activities regardless of whether or not that person is also a landowner. (People ex rel. Skinner v. Hellmuth, Obata & Kassabaum, Inc. (1986), 114 Ill. 2d 252, 500 N.E.2d 34.) It is undisputed in the instant case that the City was not simply a landowner, but also designed and constructed the traffic light signal at issue here.

In plaintiff’s complaint, she alleged that the City committed one or more of the following acts or omissions:

“(a) Erected and maintained the traffic light pole in the middle of 31st Street such that it was an obstruction to traffic and created an unreasonable risk of harm to persons traveling on 31st [Sjtreet;
(b) Failed to illuminate the traffic light pole and pedestal sufficiently to enable persons traveling on 31st [Sjtreet to see it;
(c) Installed light near the traffic light fixture which obscured the pole and pedestal and created an additional hazard;
(d) Failed to place any barriers or warnings around or near the traffic light fixture to warn motorists on 31st [Sjtreet of the hazard in the roadway;
(e) Was otherwise careless and neglectful of its duties.”

Plaintiff’s allegations concern only the City’s improper design of the traffic light fixture, not its failure to properly maintain the fixture. Section 13—214 is thus applicable to the particular facts as pleaded here.

This case therefore turns on whether we interpret the Tort Immunity Act to deprive the City of its defense under section 13—214. The circuit court found section 13—214 and section 8—101 to be inconsistent, and that section 13—214 was overridden by section 8—101. At first glance, the two-year statute of limitations provided in section 8—101 of the Tort Immunity Act would appear to be in conflict with the design statute of repose, section 13—214, which provides that the cause of action must be brought within 10 years of construction or design and four years after discovery. However, we note the basic principle of statutory construction that “[wjhen two legislative schemes do not seem completely compatible, they should be interpreted so that meaning and effect is given to each statute.” (Stephens v. Cozadd (1987), 159 Ill. App. 3d 452, 456, 512 N.E.2d 812; Harvel v. City of Johnston City (1992), 146 Ill. 2d 277, 284, 586 N.E.2d 1217

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Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 506, 238 Ill. App. 3d 518, 179 Ill. Dec. 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gavin-v-city-of-chicago-illappct-1992.