Hutson v. Hartke

686 N.E.2d 734, 292 Ill. App. 3d 411, 226 Ill. Dec. 951, 1997 Ill. App. LEXIS 732
CourtAppellate Court of Illinois
DecidedOctober 20, 1997
Docket5-96-0859
StatusPublished
Cited by26 cases

This text of 686 N.E.2d 734 (Hutson v. Hartke) 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
Hutson v. Hartke, 686 N.E.2d 734, 292 Ill. App. 3d 411, 226 Ill. Dec. 951, 1997 Ill. App. LEXIS 732 (Ill. Ct. App. 1997).

Opinion

JUSTICE MAAG

delivered the opinion of the court:

The plaintiff appeals from a circuit court order finding her cause to be barred by the statute of limitations and dismissing her complaint with prejudice.

The plaintiff, Thelma Hutson, began working for the defendant, Hartke Hog Farm, in 1991. On August 30, 1993, Thelma had been working in Hartke’s farrowing barn for 15 minutes when she noticed a strong ammonia odor and almost blacked out. Thelma was able to escape the strong fumes and make it outside without fainting. The ammonia fumes caused a burning sensation in Thelma’s nose and throat.

Ammonia is apparently a natural byproduct of hog waste and therefore is often found in hog barns. The ammonia fumes tend to he the strongest when the waste pits are full. The plaintiff admitted, however, that she had never experienced ammonia fumes as strong as those present on that day.

Thelma proceeded to wash her face and get a drink of water. When she reentered the barn to finish her work, Thelma wore a paper mask to cover her mouth and nose. By the end of the work day on August 30, 1993, Thelma began developing a cough. The next morning, on August 31, 1993, Thelma had a sore, scratchy throat. Thelma then informed Hartke of her encounter the previous day with the strong ammonia fumes and told Hartke that she believed that the fumes might have caused her cough and sore throat. Hartke apparently told the plaintiff that the strong fumes could have been the result of a malfunction with the pit fan.

Thelma’s cough got worse on August 31, 1993, prompting her to take cough medicine that evening. The coughing progressively worsened. On September 8, 1993, Thelma left work due to her cough and was admitted to the hospital emergency room. Thelma told the doctor that she suspected the cough was the result of the ammonia fumes she breathed at work on August 30, 1993. The doctor diagnosed Thelma with pneumonia.

Thelma stayed in the hospital until September 11, 1993, and continued to battle the pneumonia for several weeks thereafter. As a result of the pneumonia bout, Thelma was informed that her bronchial tubes were permanently weakened.

The plaintiff filed a complaint on August 31, 1995, alleging injury caused by ammonia fumes as a result of the defendant’s negligence in not providing adequate ventilation in the farrowing barn. The defendant filed a motion to dismiss on statute of limitations grounds pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 1992)).

On November 6, 1995, the trial court granted the defendant’s section 2 — 619 motion to dismiss.

The trial court’s order provided:

"The Plaintiff complains of injury arising from a single traumatic event which allegedly occurred on August 30, 1993. As such, the complaint filed on August 31, 1995[,] was filed beyond the statute of limitations. Cause dismissed with prejudice.”

On appeal, the plaintiff contends that her complaint was timely filed because her cause of action did not accrue until she first learned that her injury may have been wrongfully caused, i.e., on September 8, 1993, or at the earliest, August 31, 1993.

The standard of review of a trial court’s order on a motion to dismiss is de novo. Benbenek v. Chicago Park District, 279 Ill. App. 3d 930, 932, 665 N.E.2d 500, 502 (1996).

•2 Section 13 — 202 of the Code of Civil Procedure requires:

"Actions for damages for an injury to the person *** shall be commenced within 2 years next after the cause of action accrued ***.” 735 ILCS 5/13 — 202 (West 1992).

A cause of action for personal injuries generally accrues at the time the plaintiff is injured. Golla v. General Motors Corp., 167 Ill. 2d 353, 360, 657 N.E.2d 894, 898 (1995). In the past, a limitations period was not tolled simply because the plaintiff was unaware of the existence of an injury. 167 Ill. 2d at 360, 657 N.E.2d at 898. The harshness of that traditional rule meant that a plaintiff could be barred from bringing suit before she was ever aware that she had an injury.

To alleviate the harsh effect of the traditional rule, our supreme court adopted the "discovery rule” in Rozny v. Marnul, 43 Ill. 2d 54, 72-73, 250 N.E.2d 656, 665-66 (1969). The discovery rule postpones the commencement of the statute of limitations until the injured plaintiff knows or reasonably should know that she has been injured and that her injury was wrongfully caused. Golla, 167 Ill. 2d at 361, 657 N.E.2d at 898, citing Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 249, 633 N.E.2d 627, 630-31 (1994). That is, when it reasonably appears that an injury was wrongfully caused, the plaintiff becomes obligated to inquire further to determine whether an actionable wrong was committed. Nolan v. JohnsManville Asbestos, 85 Ill. 2d 161, 171, 421 N.E.2d 864, 868 (1981).

Our supreme court has further indicated that when the injury is caused by a sudden, traumatic event, the cause of action accrues and the statute of limitations begins to run on the date the injury occurs. Golla, 167 Ill. 2d at 361, 657 N.E.2d at 899, citing Williams v. Brown Manufacturing Co., 45 Ill. 2d 418, 261 N.E.2d 305 (1970).

"The rationale supporting this rule is that the nature and circumstances surrounding the traumatic event are such that the injured party is thereby put on notice that actionable conduct might be involved.” Golla, 167 Ill. 2d at 363, 657 N.E.2d at 899.

Generally, whether plaintiff knew or reasonably should have known of her injury and that it was wrongfully caused are issues of fact to be decided by the fact finder. Saunders v. Klungboonkrong, 150 Ill. App. 3d 56, 61, 501 N.E.2d 882, 886 (1986).

However, if only one conclusion can be drawn from the undisputed facts, then the timeliness of the plaintiff’s complaint becomes a question of law for the court to determine. Nolan, 85 Ill. 2d at 171, 421 N.E.2d at 868-69.

In this case, Thelma entered the farrowing barn on August 30, 1993, and was overcome by ammonia gas fumes to the point of nearly fainting. Thelma experienced immediate burning in her nose and throat. She indicated in her deposition testimony that such a high level of ammonia was out of the ordinary. Thelma further indicated that she developed a cough that same day, which subsequently led to her bout with pneumonia.

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Cite This Page — Counsel Stack

Bluebook (online)
686 N.E.2d 734, 292 Ill. App. 3d 411, 226 Ill. Dec. 951, 1997 Ill. App. LEXIS 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutson-v-hartke-illappct-1997.