Kleen v. Homak Manufacturing Co.

749 N.E.2d 26, 321 Ill. App. 3d 639, 255 Ill. Dec. 246
CourtAppellate Court of Illinois
DecidedMarch 30, 2001
Docket1—99—4417, 1—99—4465 cons.
StatusPublished
Cited by26 cases

This text of 749 N.E.2d 26 (Kleen v. Homak Manufacturing Co.) 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
Kleen v. Homak Manufacturing Co., 749 N.E.2d 26, 321 Ill. App. 3d 639, 255 Ill. Dec. 246 (Ill. Ct. App. 2001).

Opinion

JUSTICE THEIS

delivered the opinion of the court:

Plaintiff Gregory Kleen (Gregory) brought this wrongful death and survival action under theories of negligence and strict product liability, individually and as special administrator of the estate of David Kleen (David), against defendants Homak Manufacturing Company, Inc. (Homak), Gander Mountain, Inc., GRS, Inc., and GMO, Inc. (collectively Gander), following the death of his son David. Homak and Gander filed a motion to dismiss pursuant to section 2—615 of the Illinois Code of Civil Procedure (735 ILCS 5/2—615 (West 1998)), arguing that the complaint failed to state a cause of action because David’s suicide constituted an intervening cause breaking the line of causation from defendants to David. The trial court denied Homak’s and Gander’s motion to dismiss, but certified a question for interlocutory appeal under Illinois Supreme Court Rule 308. 155 111. 2d R. 308.

Both Gander and Homak filed interlocutory appeals under Rule 308. One division of this court accepted the certified question in Gander’s appeal under No. 1—99—4465. Another division denied Homak’s appeal, yet later allowed the appeal under No. 1—99—4417 after Homak filed a motion to reconsider. These appeals were then consolidated.

The certified question we are asked to answer is “whether the act of suicide, under the facts alleged in the Plaintiffs complaint, constitutes an independent intervening act which breaks the chain of causation.” We answer the certified question in the affirmative and reverse the trial court’s order denying defendants’ motion to dismiss.

Gregory alleges the following facts in his complaint. Gregory is David’s natural parent and guardian and the special administrator of David’s estate. David died intestate on June 13, 1996. Homak is an Illinois corporation that sells and distributes safes for the storage of firearms and ammunition. Gander is a Wisconsin corporation engaged in altering, labeling, selling and distributing firearm safes. Sometime between June 13, 1986, and June 13, 1996, Homak manufactured and sold model No. 3090 gun safe for the secure storage of firearms and ammunition. At some point during this period, Gregory purchased this Homak gun safe from Gander. Gregory stored his firearm and ammunition inside the Homak model No. 3090 safe. On or before June 13, 1996, David broke into the locked safe with a screwdriver and removed the gun. On June 13, 1996, David committed suicide with the gun he procured from the gun safe. Thereafter, Gregory filed this cause of action against Homak and Gander under the theories of negligence and strict liability, alleging the gun safe was defective in that it contained a weak lock which could be easily broken.

Initially, Homak and Gander contend that, in answering the certified question, there may be a conflict as to whether Illinois or Indiana law applies, arguing that the events surrounding David’s suicide occurred in Indiana. However, the case was filed in Illinois and the complaint fails to state where Gregory purchased the gun safe, where the safe was located when David broke into it, or where David committed suicide. Therefore, we will apply Illinois law.

The certified question we have been asked to answer only requires us to address the issue of proximate cause under each theory of recovery. The concept of proximate cause is the same in negligence and strict liability in tort. Schultz v. Hennessy Industries, Inc., 222 Ill. App. 3d 532, 540, 584 N.E.2d 235, 241 (1991). We make no conclusions as to whether Gregory has pleaded or could prove the other elements of negligence and strict liability. 1 Our analysis is strictly confined to the element of causation. Additionally, we note that the complaint identifies two different plaintiffs, Gregory individually and as special administrator of David’s estate, and identifies two different defendants, the manufacturer and distributor. While the duties owed to each may be distinct, both plaintiffs must satisfy the element of causation as to each defendant. Therefore, our analysis of proximate cause applies to both plaintiffs, both defendants, and both causes of action.

Under both strict liability and negligence, a proximate cause is one that produces an injury through a natural and continuous sequence of events unbroken by any effective intervening cause. Unger v. Eichleay Corp., 244 Ill. App. 3d 445, 451, 614 N.E.2d 1241, 1246 (1993). While proximate cause is ordinarily a question for the trier of fact, it becomes a question of law where there is no material issue of fact regarding the matter or only one conclusion is clearly evident. Williams v. University of Chicago Hospitals, 179 Ill. 2d 80, 88, 688 N.E.2d 130, 134 (1997). Here, we believe it is appropriate to determine the question as a matter of law, for the complaint fails to disclose any allegations that, even if true, would establish proximate cause.

Proximate cause is composed of two distinct requirements: legal cause and cause in fact. First Springfield Bank & Trust v. Galman, 188 Ill. 2d 252, 257-58, 720 N.E.2d 1068, 1072 (1999), citing Lee v. Chicago Transit Authority, 152 Ill. 2d 432, 455, 605 N.E.2d 493, 502 (1992). “A defendant’s conduct is a cause in fact of the plaintiffs injury only if that conduct is a material element and a substantial factor in bringing about the injury.” First Springfield Bank & Trust, 188 Ill. 2d at 258, 720 N.E.2d at 1072; see also Lee, 152 Ill. 2d at 455, 605 N.E.2d at 502. The question is whether, absent defendant’s conduct, the injury would not have occurred. First Springfield Bank & Trust, 188 Ill. 2d at 258, 720 N.E.2d at 1072; Lee, 152 Ill. 2d at 455, 605 N.E.2d at 502-03. Legal cause is a question of foreseeability. Lee, 152 Ill. 2d at 456, 605 N.E.2d at 503; Fitzgibbon v. National Broadcasting Co., 314 Ill. App. 3d 52, 54, 732 N.E.2d 64, 66 (2000). The inquiry here is “whether the injury is of a type that a reasonable person would see as a likely result of his or her conduct.” First Springfield Bank & Trust, 188 Ill. 2d at 258, 720 N.E.2d at 1072.

We first address whether Gregory has pleaded facts sufficient to establish legal cause. While neither party directly discusses this precise issue, both argue whether David’s suicide was foreseeable under these facts. Homak and Gander focus on David’s suicide and urge us to follow a line of cases which holds that, as a matter of law, suicide is unforeseeable and is therefore an independent intervening cause which breaks the chain of causation. See, e.g., Moss v. Meyer, 117 Ill. App. 3d 862, 454 N.E.2d 48 (1983); Stasiof v. Chicago Hoist & Body Co., 50 Ill. App. 2d 115, 200 N.E.2d 88 (1964), aff’d sub nom. Little v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Zelek v. Manikowski
2025 IL App (3d) 230714-U (Appellate Court of Illinois, 2025)
Reese v. Conagra Foods, Inc.
2024 IL App (1st) 240315-U (Appellate Court of Illinois, 2024)
Brady v. Walmart Inc
D. Maryland, 2024
In re Commonwealth Edison Co. Illinois Consumer Fraud Litigation
2023 IL App (1st) 220105 (Appellate Court of Illinois, 2023)
Johnson v. Reeme
N.D. Illinois, 2023
Walker v. Wal-Mart Stores
N.D. Illinois, 2017
Walker v. Macy's Merch. Grp., Inc.
288 F. Supp. 3d 840 (E.D. Illinois, 2017)
Schuring v. Cottrell, Inc.
244 F. Supp. 3d 721 (N.D. Illinois, 2017)
Turcios v. The DeBruler Company
2015 IL 117962 (Illinois Supreme Court, 2015)
Dux v. United States
69 F. Supp. 3d 781 (N.D. Illinois, 2014)
Calloway v. Bovis Lend Lease, Inc.
2013 IL App (1st) 112746 (Appellate Court of Illinois, 2013)
Patricia Ferraro v. Hewlett-Packard Company
721 F.3d 842 (Seventh Circuit, 2013)
Malen v. MTD Products, Inc.
628 F.3d 296 (Seventh Circuit, 2010)
Johnson Ex Rel. Estate of Johnson v. Wal-Mart Stores, Inc.
587 F. Supp. 2d 1027 (C.D. Illinois, 2008)
Hooper v. The County of Cook
Appellate Court of Illinois, 2006
Hooper v. County of Cook
851 N.E.2d 663 (Appellate Court of Illinois, 2006)
Janis v. Pratt & Whitney Canada, Inc.
370 F. Supp. 2d 1226 (M.D. Florida, 2005)
Stahlecker v. Ford Motor Co.
667 N.W.2d 244 (Nebraska Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
749 N.E.2d 26, 321 Ill. App. 3d 639, 255 Ill. Dec. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleen-v-homak-manufacturing-co-illappct-2001.