Hubble v. Bi-State Development Agency

938 N.E.2d 483, 238 Ill. 2d 262, 345 Ill. Dec. 44, 2010 Ill. LEXIS 1066
CourtIllinois Supreme Court
DecidedSeptember 23, 2010
Docket109137
StatusPublished
Cited by71 cases

This text of 938 N.E.2d 483 (Hubble v. Bi-State Development Agency) 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
Hubble v. Bi-State Development Agency, 938 N.E.2d 483, 238 Ill. 2d 262, 345 Ill. Dec. 44, 2010 Ill. LEXIS 1066 (Ill. 2010).

Opinion

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Plaintiff, Brian Hubble, brought a personal injury action in the circuit court of St. Clair County against defendant, Bi-State Development Agency of the Illinois-Missouri Metropolitan District, doing business as Metro or Bi-State, also known as Bi-State Development Agency (hereafter Bi-State or Metro). Bi-State moved to dismiss the action, asserting that plaintiff filed his complaint outside of the applicable statute of limitations (735 ILCS 5/2 — 619(a)(5) (West 2006)). The circuit court denied Bi-State’s motion to dismiss, but certified for interlocutory appeal a question of law asking whether Bi-State is a “local public entity” as defined by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act or Act) and thereby subject to its one-year statute of limitations (745 ILCS 10/1 — 101 et seq. (West 2006)). A divided panel of the appellate court answered the certified question in the negative. 393 111. App. 3d 1016.

The case is now before this court on a certificate of importance granted by the appellate court (Ill. Const. 1970, art. VI, §4(c); 155 Ill. 2d R. 316). We reverse the judgment of the appellate court and the order of the circuit court, and remand the cause to the circuit court with directions to dismiss plaintiffs complaint.

I. BACKGROUND

On September 13, 2005, a Metro bus owned and operated by Bi-State collided with plaintiffs automobile at the intersection of Illinois Highway 159 and F Street in Belleville. On March 1, 2007, plaintiff filed a complaint against Bi-State alleging that the Metro bus driver was negligent and that Bi-State was vicariously liable based on the doctrine of respondeat superior. 1 Illinois has a two-year general statute of limitations for personal injury actions (735 ILCS 5/13 — 202 (West 2006)), and plaintiff filed his complaint within that period.

Bi-State moved to dismiss plaintiffs complaint pursuant to section 2 — 619(a)(5) of the Code of Civil Procedure (735 ILCS 5/2 — 619(a)(5) (West 2006)). In its supporting memorandum, Bi-State explained that it is a body corporate and politic created by a congressionally approved interstate compact between Illinois and Missouri (hereafter Compact). The Compact also created the Bi-State Metropolitan District, which consists of the City of St. Louis, Missouri, and the Missouri counties of St. Louis, St. Charles, and Jefferson, and the Illinois counties of Madison, St. Clair, and Monroe (hereafter District). 45 ILCS 100/0.01 et seq. (West 2006); Mo. Ann. Stat. §70.370 (West 2004); Pub. L. No. 81 — 743, 64 Stat. 568. The two states authorized Bi-State, among other activities, to own and operate buses and passenger transportation facilities. Pursuant to the Compact, Bi-State provides public mass transportation throughout the District. 45 ILCS 110/0.01 et seq. (West 2006); Mo. Ann. Stat. §70.373 (West 2004); Pub. L. No. 86 — 303, §2, 73 Stat. 582. Bi-State contended that it is a “local public entity” under the Tort Immunity Act, which provides for a one-year statute of limitations. 745 ILCS 10/8 — 101(a) (West 2006). Bi-State argued that plaintiff’s complaint was time-barred under section 8 — 101 of the Act because plaintiff filed his complaint over one year after the injury.

The circuit court rejected Bi-State’s contention and denied Bi-State’s motion to dismiss. Bi-State filed a motion for interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). 2 The circuit court denied Bi-State’s motion. On October 26, 2007, this court entered a supervisory order directing the circuit court to grant Bi-State’s motion for an interlocutory appeal and to stay the proceedings pending the outcome of the appeal. Complying with this court’s order, the circuit court stayed the proceedings and certified the following question of law for interlocutory appeal: “Whether Bi-State Development Agency is a local public entity as defined by the Local Governmental and Governmental Employees Tort Immunity Act [citation] and is therefore subject to the one-year statute of limitations set forth in the Act.” 393 Ill. App. 3d at 1017.

A divided panel of the appellate court answered the certified question in the negative, concluding that the legislature did not intend to include Bi-State within the meaning of the term “local public entity” as defined in the Tort Immunity Act. 393 Ill. App. 3d at 1023. Justice Spomer disagreed with the court on all material points. 393 Ill. App. 3d at 1033 (Spomer, J., dissenting).

The appellate court granted Bi-State’s application for a certificate of importance. See Ill. Const. 1970, art. VI, §4(c). We will refer to additional pertinent background in the context of our analysis of the issues.

II. ANALYSIS

A. Preliminary Matters

At the outset, we note what is actually before this court and our standard of review. First, the certificate of importance states that the appellate court “grants a certificate of importance concerning the following question of law for review by the Illinois Supreme Court,” and then states the certified question that was presented to the appellate court. However, under Supreme Court Rule 316 (155 Ill. 2d R. 316), the whole case comes before the supreme court and not only a particular issue. O’Casek v. Children’s Home & Aid Society, 229 Ill. 2d 421, 436 (2008), quoting People v. Crawford Distributing Co., 78 Ill. 2d 70, 73 (1979).

Second, Bi-State moved to dismiss plaintiffs complaint pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2006)). A section 2 — 619 motion to dismiss admits the legal sufficiency of the plaintiffs claim, but asserts affirmative matter that defeats the claim. King v. First Capital Financial Services Corp., 215 Ill. 2d 1, 12 (2005). Among such affirmative matter is that “the action was not commenced within the time limited by law.” 735 ILCS 5/2 — 619(a)(5) (West 2006). When ruling on a section 2 — 619 motion to dismiss, the circuit court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party. On appeal, review is de novo. Orlak v. Loyola University Health System, 228 Ill. 2d 1, 7 (2007); Borowiec v. Gateway 2000, Inc., 209 Ill. 2d 376, 383 (2004).

B. “Local Public Entity”

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Cite This Page — Counsel Stack

Bluebook (online)
938 N.E.2d 483, 238 Ill. 2d 262, 345 Ill. Dec. 44, 2010 Ill. LEXIS 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubble-v-bi-state-development-agency-ill-2010.