Heider v. Knautz

919 N.E.2d 1058, 396 Ill. App. 3d 553, 336 Ill. Dec. 133, 2009 Ill. App. LEXIS 1228
Appellate Court of Illinois·Decided December 4, 2009·No. 2-09-0808·Published·Cited by 12 cases

Opinion

PRESIDING JUSTICE ZENOFF

delivered the opinion of the court:

On July 29, 2009, the circuit court of Jo Daviess County entered an order compelling binding arbitration between the parties pursuant to the Illinois Uniform Arbitration Act (Act) (710 ILCS 5/1 et seq. (West 2008)). Defendant, Carl F. Knautz, appeals, arguing that because the parties did not enter into a written agreement to submit their dispute to arbitration, the Act does not apply, he was entitled to revoke his oral agreement to submit the dispute to arbitration, and the trial court erred in compelling arbitration. For the following reasons, we reverse and remand.

BACKGROUND

In April 2008, plaintiff, Arlie Heider, filed against defendant a complaint seeking damages for personal injuries plaintiff suffered as a result of a collision between plaintiffs and defendant’s respective vehicles. Plaintiff alleged in his complaint that the collision was caused by defendant’s negligent and careless operation of his vehicle. Defendant filed an answer denying that the collision was his fault and alleging that the collision was a result of plaintiffs negligence.

Because plaintiff’s attorney was located in Wisconsin and not licensed to practice in Illinois, plaintiff filed an application for admission of counsel pro hac vice. A status hearing was held on September 11, 2008, before Judge Kevin J. Ward, during which the application for admission pro hac vice was presented to the trial court. At that hearing, the subject of arbitration was raised and the following conversation ensued:

“THE COURT: Good morning, gentlemen. The matter is set for progress call today.
MR. HAHN [plaintiffs attorney]: That’s correct. We were here two months ago, Judge, if you recall...um...there was some discussions [sic] regarding arbitrating this by agreement and we set this out and also there was a Pro Hoc [sic] Vice Motion that I had filed that was pending.
THE COURT: I do remember.
MR. HAHN: We have reached an agreement with regard to the arbitration and we’ve picked an arbitrator and we’re going to proceed forward with that.
I guess perhaps that will obviate the need for the Pro Hoc [sic] Vice Motion if we’re not going — if I’m not — if we’re not going to proceed in the court.
From a procedural standpoint, I guess I would possibly request a stay of this case while that arbitration takes place.
THE COURT: Which on the basis of those things, it would ordinarily he my expectation, of course, cart and horse with regard to Pro Hoc [sic] Vice but is that the understanding and is that what’s sought to be done?
MR. RICHARDSON [defendant’s attorney]: That’s fine with me, Judge.
THE COURT: Would you like to have an order entered that formally states that the matter would be stayed pending arbitration, usually to a date certain (a progress call) at whatever period of time.
MR. HAHN: That’s probably a good idea.
MR. RICHARDSON: That sounds reasonable.
THE COURT: And in the meantime probably not address the Motion for Pro Hac Vice?
MR. HAHN: That’s fine, if that’s the Court’s...
MR. RICHARDSON: Correct.
THE COURT: Is that consistent with — is there anything else we can or should try to address today?
MR. RICHARDSON: No, that’s it. We’re pretty much committed to the arbitration (binding arbitration) so...
THE COURT: That sounds to me like the biggest part of the battle right there usually.
Why don’t I make this suggestion, gentlemen; if you’d like to prepare an order that essentially says that the matter [is] stayed in favor of an arbitration agreement to whatever — has there been any discussion about an appropriate period of time?
MR. HAHN: Um...I think it could probably be accomplished fairly quickly, maybe four to six months, I would say would probably be sufficient.
MR. RICHARDSON: Right.
THE COURT: Aright, go out to about March, perhaps, for a progress call.
MR. HAHN: Sure.
MR. RICHARDSON: Sounds good, Judge.
CLERK: March 12th at 10:30.
MR. HAHN: Okay, that’s fine.
MR. RICHARDSON: Okay.
THE COURT: If you’d be so kind, Counsel, as to prepare an order to that effect, we’ll get that entered.
MR. HAHN: Great, thank you.
MR. RICHARDSON: Thank you.”

Based on that discussion, defendant’s attorney prepared, and the trial court signed, an order that read as follows: “This matter having come before this Court for Progress Call and Plaintiff’s Motion Pro Hac Vice due notice given and the Court fully advised in the Premises [,] it is Hereby ordered: 1) This matter has been stayed pending binding arbitration between the Parties; 2) Plaintiffs Motion is entered and continued to March 12[,] 2008[,] at 10:30 a.m. at the next Progress call.”

On June 30, 2009, defendant filed a motion for a protective order. In the motion, defendant alleged that during the course of discovery, he learned that in a subsequent car accident, plaintiff suffered a direct injury to the same knee he claimed to have injured during the collision with defendant, despite plaintiff’s previous representations that he had not reinjured his knee in the second accident. Defendant also alleged that due to a change in counsel, his attorney was unable to attend arbitration on the scheduled date and that plaintiffs attorney refused to reschedule and had indicated that he would attend arbitration even in defense counsel’s absence. Defendant argued that a protective order preventing plaintiff from' attending arbitration was necessary to allow defendant to complete discovery prior to any arbitration.

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Heider v. Knautz, 919 N.E.2d 1058, 396 Ill. App. 3d 553, 336 Ill. Dec. 133, 2009 Ill. App. LEXIS 1228 (Ill. Ct. App. 2009).

919 N.E.2d 1058 (Heider v. Knautz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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