Hernon v. E.W. Corrigan Construction Co.

149 Ill. 2d 190
CourtIllinois Supreme Court
DecidedJune 9, 1992
DocketNo. 71303
StatusPublished
Cited by163 cases

This text of 149 Ill. 2d 190 (Hernon v. E.W. Corrigan Construction Co.) 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
Hernon v. E.W. Corrigan Construction Co., 149 Ill. 2d 190 (Ill. 1992).

Opinion

JUSTICE CLARK

delivered the opinion of the court:

This interlocutory appeal involves the following certified question:

“If an action is based upon tort for an act or omission in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property, is the cause of action for bodily injury which is pled either under common law negligence or the Structural Work Act but not filed within two years after the cause of action accrued barred by [section 13 — 202 of the Code of Civil Procedure]?”

On April 21, 1989, the plaintiff, Gerard Hernon, filed his two-count, first-amended complaint in the circuit court of DuPage County adding E.W. Corrigan Construction Company as a party defendant. Plaintiff, a construction worker, sought to recover damages for personal injuries he suffered on July 29, 1986, when he fell while attempting to descend from a roof at a construction site. Count I of his amended complaint alleged a violation of the Illinois Structural Work Act, whereas count II alleged negligence on the part of defendant Corrigan. Initially, on March 8, 1990, the circuit court dismissed defendant Corrigan because the first-amended complaint adding Corrigan was not filed within the two-year statute of limitations for personal injuries. (See Ill. Rev. Stat. 1989, ch. 110, par. 13—202.) Plaintiff then filed a motion to reconsider the dismissal of Corrigan, arguing that the four-year statute of limitations for acts or omissions relating to construction applied. Ill. Rev. Stat. 1989, ch. 110, par. 13—214(a).

On June 19, 1990, the circuit court vacated its March 8 order dismissing Corrigan from the action, and held that the four-year statute of limitations as set out in section 13—214(a) applied rather than the two-year statute of limitations set out in section 13 — 202. Subsequently, defendant Corrigan moved the circuit court to certify a question of law under Supreme Court Rule 308 for interlocutory appeal to the appellate court. The circuit court agreed, certifying the above question. The appellate court denied defendant Corrigan’s petition for leave to appeal pursuant to Rule 308 (134 Ill. 2d R. 308). We, however, granted Corrigan’s petition for leave to appeal (134 Ill. 2d R. 315).

As the question certified by the circuit court indicates, the central issue in this case is whether the two-year personal injury statute of limitations or the four-year building construction statute of limitations applies to plaintiff’s cause of action. We hold, as the circuit court did, that the four-year building construction statute of limitations governs plaintiff’s cause.

Section 13—202 of the Code of Civil Procedure reads:

“Personal Injury — Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, *** shall be commenced within 2 years next after the cause of action accrued ***.” (Emphasis added.) Ill. Rev. Stat. 1989, ch. 110, par. 13—202.

Section 13 — 214 of the Code reads, in part:

“Construction — Design management and supervision. As used in this Section ‘person’ means any individual, any business or legal entity, or any body politic.
(a) Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be commenced within 4 years from the time the person bringing an action, or his or her privity, knew or should reasonably have known of such act or omission. ***
(b) No action based, upon tort, contract or otherwise may be brought against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property after 10 years have elapsed from the time of such act or omission.” (Emphasis added.) (Ill. Rev. Stat. 1989, ch,. 110, pars. 13—214(a), (b).)

Subsection (a) of 13 — 214 is the limitations portion of the statute, whereas subsection (b) of 13 — 214 is1 commonly known as the repose portion of the statute.

After a cursory review of the limitations statutes involved in this appeal, it is apparent that a persuasive argument could be made that either statute could apply to the plaintiffs cause. Whereas section 13 — 202 applies to “[ajctions for damages for an injury to the person,” section 13 — 214(a) applies to “[ajctions based upon tort.” Plaintiff’s cause of action for injuries he sustained while working at a construction site could fall neatly under either statute of limitations. However, based upon our general rules of statutory construction, our appellate court’s interpretation of the repose portion of section 13 — 214, and the legislative history of section 13 — 214, we agree with the plaintiff that section 13 — 214(a) governs his cause.

“ ‘The cardinal rule of statutory construction, to which all other canons and rules are subordinate, is to ascertain and give effect to the true intent and meaning of the legislature.’ ” (People v. Boykin (1983), 94 Ill. 2d 138, 141, quoting People ex rel. Hanrahan v. White (1972), 52 Ill. 2d 70, 73.) “In determining the legislative intent, courts should consider first the statutory language.” (Boykin, 94 Ill. 2d at 141; Harvey Firemen’s Association v. City of Harvey (1979), 75 Ill. 2d 358.) Unambiguous terms, when not specifically defined, must be given their plain and ordinary meaning. (Hayes v. Mercy Hospital & Medical Center (1990), 136 Ill. 2d 450, 455.) Moreover, “[t]he courts also will avoid a construction of a statute which would render any portion of it meaningless or void.” (Harris v. Manor Healthcare Corp. (1986), 111 Ill. 2d 350, 362-63; People v. Tarlton (1982), 91 Ill. 2d 1, 5; People v. Lutz (1978), 73 Ill. 2d 204, 212.) The courts presume that the General Assembly, in passing legislation, did not intend absurdity, inconvenience, or injustice. Harris, 111 Ill. 2d at 363.

In this case, the statutory language in section 13— 214(a), i.e., “[ajctions based upon tort, contract or otherwise” (emphasis added), clearly encompasses plaintiffs cause of action against Corrigan. A “tort,” as defined in Black’s Law Dictionary, is:

“A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.” (Black’s Law Dictionary 1335 (5th ed. 1979).)

As this definition indicates, plaintiff’s action alleging negligence and a violation of the Illinois Structural Work Act falls within the ambit of the word “tort.”

However, as defendant Corrigan points out, the statutory language in section 13 — 202, i.e., “[ajctions for damages for an injury to the person” (emphasis added), also encompasses plaintiff’s cause of action. While this is true, equally true is the rule of statutory construction that “[wjhere there are two statutory provisions, one of which is general and designed to apply to cases generally, and the other is particular and relates to only one subject, the particular provision must prevail.” Bowes v. City of Chicago (1954), 3 Ill. 2d 175, 205; People ex rel. Myers v. Pennsylvania R.R. Co.

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Bluebook (online)
149 Ill. 2d 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernon-v-ew-corrigan-construction-co-ill-1992.