Lara v. Thoro-Matic Vacuum Systems, Inc.

551 N.E.2d 390, 194 Ill. App. 3d 781, 141 Ill. Dec. 397, 1990 Ill. App. LEXIS 213
CourtAppellate Court of Illinois
DecidedFebruary 20, 1990
Docket1-89-0261
StatusPublished
Cited by12 cases

This text of 551 N.E.2d 390 (Lara v. Thoro-Matic Vacuum Systems, Inc.) 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
Lara v. Thoro-Matic Vacuum Systems, Inc., 551 N.E.2d 390, 194 Ill. App. 3d 781, 141 Ill. Dec. 397, 1990 Ill. App. LEXIS 213 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE DiVITO

delivered the opinion of the court:

Plaintiff Constancia Lara appeals from the circuit court’s grant of summary judgment in favor of defendants Thoro-Matic Vacuum Systems, Inc. (Thoro-Matic), and Seaway Engineering Supply, Inc. (Seaway). The sole issue on this appeal is whether there were issues of fact which rendered the grant of summary judgment improper.

Plaintiff was injured when she fell after tripping over the cord of a vacuum cleaner she was using while working as a cleaning woman. On August 31, 1988, plaintiff filed an amended two-count complaint; count I was founded on strict liability and count II was based upon negligence. Both counts alleged that the vacuum cleaner was unreasonably dangerous in its design and manufacture in that it had inadequate guards, had an appurtenance which caught a portion of her body, had five rolling castered wheels, was not designed to require the top to be aligned in a safe fashion, had insufficient warnings and instructions, and was unstable.

The vacuum cleaner, model M — 150, was manufactured by Thoro-Matic and distributed by Seaway. Plaintiff’s deposition testimony reflected that she used this vacuum cleaner approximately three hours each day. On the day of her injury, she had used the vacuum cleaner, which had a bright orange cord, about IV2 hours prior to her fall. She had been cleaning in the lighted area where she fell for about 30 to 45 minutes.

Plaintiff was injured after she tripped over the cord of the vacuum cleaner when her left foot hit the cord. The vacuum cleaner was behind her, and when she turned to her left to clean, not looking to see where the cord was, her foot hit the cord. When she fell, she hit the hose she was using, and then struck the floor. The vacuum cleaner rolled toward her and struck her. As a result of the fall, plaintiff injured her left shoulder and wrist.

Stuart Acker, the president of Thoro-Matic, was deposed regarding the design and manufacture of the model M — 150. Acker testified that the cord on the vacuum cleaner was approximately 18 inches off the ground. Pursuant to a customer’s request, Thoro-Matic had manufactured some models of the M — 150 with five casters instead of four. The fifth caster was placed directly under the air intake hose. Customers requested the fifth caster to stabilize the machine and make it more mobile when it was pulled by the hose. No customer had complained that the M — 150 with four or five casters was unstable or tipped over. Exhibits showed that the vacuum cleaner plaintiff was using was incorrectly assembled by the customer or the user. Thoro-Matic designed the machine so that the lid would be closed in such a way that the air intake hose and the power cord would be 180 degrees from each other, but no means for requiring that alignment was provided. Exhibits showed that the lid in this vacuum cleaner had been closed so that the cord was approximately 90 degrees from the air intake hose.

Thoro-Matic denied the allegations in plaintiff’s complaint and filed a motion for summary judgment, which Seaway adopted. On December 19, 1988, after considering the written materials and hearing oral argument, the circuit court granted summary judgment on both counts in favor of Thoro-Matic and Seaway. Plaintiff timely appealed.

I

In maintaining that it was error for the circuit court to grant summary judgment, plaintiff asserts that the court did not afford her the benefit of conflicting inferences fairly drawn from the pleadings and depositions and that it failed to consider all the issues set forth in her amended complaint, the deposition testimony of Stuart Acker concerning the design of the product, and her testimony in a light most favorable to her. She contends that her injuries were proximately caused by a distinct defect of the product, namely, the unstable condition of the vacuum cleaner, and that whether a defective condition is an open or obvious defect is a question of fact for the jury’s determination.

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1005(c).) In order to withstand a motion for summary judgment, the nonmoving party must come forward with evidentiary material that establishes a genuine issue of fact. (Murphy v. Urso (1980), 83 Ill. App. 3d 779, 404 N.E.2d 287, aff’d in part & rev’d in part on other grounds (1981), 88 Ill. 2d 444, 430 N.E.2d 1079.) Summary judgment is appropriate only where the moving party is entitled to judgment as a matter of law. Zale Construction Co. v. Hoffman (1986), 145 Ill. App. 3d 325, 494 N.E.2d 830.

To state a cause of action in strict liability in tort, a plaintiff must plead and prove that the injury resulted from a condition of the product, that the condition was an unreasonably dangerous one, and that the condition existed at the time the product left the manufacturer’s control. (Kokoyachuk v. Aeroquip Corp. (1988), 172 Ill. App. 3d 432, 437, 526 N.E.2d 607.) The fact that injuries may be sustained if a common and obvious propensity of a product is not guarded against in its use does not make it a dangerous product for purposes of strict tort liability. (Fanning v. LeMay (1967), 38 Ill. 2d 209, 212, 230 N.E.2d 182.) There is no requirement that common products be accident-proof, or that the manufacturer warn and protect against mishaps in their use. Fanning, 38 Ill. 2d at 212; Van Dettum v. K Mart Corp. (1985), 133 Ill. App. 3d 861, 863, 479 N.E.2d 1104.

A product is unreasonably dangerous when it fails to perform in the manner reasonably expected in light of its nature and intended function. (Kokoyachuk, 172 Ill. App. 3d at 437; Stanfield v. Medalist Industries, Inc. (1975), 34 Ill. App. 3d 635, 639, 340 N.E.2d 276.) Plaintiff must show that the injuries derive from a distinct defect in the product which subjects those exposed to the product to an unreasonable risk of harm; an injury itself is insufficient to prove the existence of a product defect. (Kokoyachuk v. Aeroquip Corp., 172 Ill. App. 3d at 437; Miller v. Dvornik (1986), 149 Ill. App. 3d 883, 888, 501 N.E.2d 160.) Moreover, injuries are not compensable if they are caused by inherent propensities of a product which are obvious to all who come into contact with them. Kokoyachuk, 172 Ill. App. 3d at 437; Miller, 149 Ill. App. 3d at 888; see also Van Dettum, 133 Ill. App. 3d at 863-64.

Plaintiff admitted that she tripped over the cord of the vacuum cleaner, causing her to fall. In her deposition, she testified:

“Q.

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Bluebook (online)
551 N.E.2d 390, 194 Ill. App. 3d 781, 141 Ill. Dec. 397, 1990 Ill. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lara-v-thoro-matic-vacuum-systems-inc-illappct-1990.