Hinojosa v. City of Chicago Heights

519 N.E.2d 976, 166 Ill. App. 3d 319, 116 Ill. Dec. 761, 1988 Ill. App. LEXIS 97
CourtAppellate Court of Illinois
DecidedFebruary 1, 1988
Docket86-1544
StatusPublished
Cited by8 cases

This text of 519 N.E.2d 976 (Hinojosa v. City of Chicago Heights) 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
Hinojosa v. City of Chicago Heights, 519 N.E.2d 976, 166 Ill. App. 3d 319, 116 Ill. Dec. 761, 1988 Ill. App. LEXIS 97 (Ill. Ct. App. 1988).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

This is an appeal from a jury verdict in favor of plaintiff, Fernando Hinojosa, in the amount of $340,113.67 for personal injuries incurred on residential property owned by the City of Chicago Heights (the city). Defendant city raises the following issues on appeal: (1) whether plaintiff failed to plead or prove a cause of action for negligence; (2) whether the plaintiff failed to establish that any act or omission of the defendant was a proximate cause of the injury; (3) whether plaintiff can recover under a cause of action for nuisance; and (4) whether the trial court erred in permitting the jury to consider evidence regarding the condition of the accident site. We reverse.

The original complaint alleged that the city had negligently permitted the minor plaintiff to enter upon the defendant’s property where he was injured when another child, Guillermina Del Homo, rubbed a caustic substance into plaintiff’s eyes. Plaintiff subsequently added a second count, alleging that the condition on the premises violated the city’s municipal code, thus constituting a nuisance. Defendant filed motions for summary judgment and to dismiss count II of the amended complaint, both of which were denied.

At trial, Guillermina Del Homo testified that she was six years old at the time of the incident and that she and plaintiff had entered the basement of the building at 198 East 22nd Street (the 198 East house) to play. She stated that she had not been in the house before that day and did not know if other children had ever played there before. When she and plaintiff went into the house, the door was open and they were able to walk right in. She testified that the basement was not clean and that there were some cans on the floor. She found a can which she though contained soap, emptied some of the contents into her hand, and put it into plaintiff’s eyes. She testified that plaintiff’s exhibit 65, a can of Easy Off oven cleaner, looked like the can she had found in the basement.

Ruben Del Horno, Guillermina’s four-year-old brother, corroborated his sister’s testimony regarding the condition of the house. He also identified plaintiff’s exhibit 65 as being similar to the can involved in the incident.

An ophthalmologist Dr. Lawrence Chapman, testified that he saw and treated plaintiff on the day of the incident. He stated that upon examining plaintiff, he observed severe burns on plaintiff’s right eye and moderately severe burns on plaintiff’s left eye. He testified that the burns were consistent with an injury caused by lye and that Easy Off contains sodium hydroxide, which is lye.

Roberto Sanchez, who lived two buildings away from the 198 East house, identified a photograph of the house in question as it looked on April 6, 1981, the date of the incident. He stated that he had gone into the house after his wife told him about plaintiff’s injury. The photographs showed that trash was piled in the garage and first-floor apartment of the building and that the windows in the front of the house had been broken out. Mr. Sanchez also stated that the city had posted a notice on the door of the house.

On cross-examination, Mr. Sanchez admitted that he did not know when the photographs had been taken or whether the condition of the premises had changed between the time he went into the apartment and the time the photographs were taken. He did not go into the basement and did not see what was there. He did not see any substances resembling Easy Off and he had never seen children in the building.

Deborah Medina, who lived across the alley from the 198 East house, testified that she had called the city four or five times about the condition of the garage and had reported that children were playing in the garage prior to plaintiff’s injury. Her complaints related solely to the garage, and stated that she could not see the residential building at 198 East 22nd Street.

Joseph Ignelzi, a housing code enforcement officer employed by the city, testified that the city purchased the 198 East house approximately nine months prior to plaintiff’s injury. He stated that although city records on the premises did not show any visits made by city personnel to inspect the premises prior to the date of the incident, his department had been out to the property in March 1981 to post a notice requiring the tenant to vacate the building. The department had boarded up the second-floor apartment on January 21,1981.

The notice posted by the department stated that the building was not fit for human habitation; however, Mr. Ignelzi testified that the city had never made a determination that the property violated any code provisions. He stated that the notice was used to compel the tenants to move out of the city-owned building because the city intended to demolish the building. Ignelzi’s department first received notice that the building had been vacated on April 14, 1981, and the building was boarded up on the same day.

John Hogensen, a housing inspector employed by the city, testified that he posted the notice at the 198 East house on March 23, 1981. He stated that the reason a house is posted with a sign “not fit for human habitation” is to inform- persons that the City of Chicago Heights has determined that no one should occupy such a building.

Mr. Hogensen also testified that if he inspected a house and found a violation, he would reinspect the house to see that the violations had been corrected. According to the city’s records on the 198 East house, violations were found on November 7, 1979, and a reinspection was scheduled for December 14, 1979, but no reinspection had ever been made.

At the time Hogensen posted the notice, a woman came to the door and he asked her to inform the city when she moved out. Hogensen further testified that the photograph purporting to depict the front of the building did not accurately portray the condition of the structure on the day he posted the notice, as on that day all of the doors and windows were intact.

Defendant’s motion for a directed verdict at the end of plaintiff’s case in chief was denied.

Barbara Mack testified on behalf of defendant that she had lived at 198 East 22nd Street in 1980 and 1981. She stated that she moved out of the first-floor apartment on April 4, 1981, and moved directly to the Timber Line Apartments in Steger. When she moved out there were no bottles or other containers in the basement, there was no trash on the first floor and there were no broken doors or windows in the house. Ms. Mack had never seen children in the basement of the residence.

Defendant’s motion for directed verdict at the close of all the evidence was denied. The jury returned a general verdict in favor of plaintiff in the amount of $340,113.67. Defendant now appeals.

Defendant’s primary contention is that plaintiff failed to plead a cause of action for negligence based on Kahn v. James Burton Co. (1955), 5 Ill. 2d 614, 126 N.E.2d 836.

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Cite This Page — Counsel Stack

Bluebook (online)
519 N.E.2d 976, 166 Ill. App. 3d 319, 116 Ill. Dec. 761, 1988 Ill. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinojosa-v-city-of-chicago-heights-illappct-1988.