Lavazzi v. McDonald's Corp.

606 N.E.2d 845, 239 Ill. App. 3d 403, 179 Ill. Dec. 1013, 1992 Ill. App. LEXIS 2180
CourtAppellate Court of Illinois
DecidedDecember 31, 1992
Docket2-92-0163
StatusPublished
Cited by19 cases

This text of 606 N.E.2d 845 (Lavazzi v. McDonald's Corp.) 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
Lavazzi v. McDonald's Corp., 606 N.E.2d 845, 239 Ill. App. 3d 403, 179 Ill. Dec. 1013, 1992 Ill. App. LEXIS 2180 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Plaintiff, Gema Lavazzi, administratrix of the estate of her husband, Cayetano Lavazzi, brought an action against several defendants for the wrongful death of her husband. One of the defendants was McDonald’s Corporation (McDonald’s). In count IV of her amended complaint, the only count directed against McDonald’s, plaintiff alleged that the negligence of McDonald’s (hereinafter referred to as defendant) was one of the causes of the death of her husband. After determining as a matter of law that defendant did not owe a duty to plaintiff’s deceased (decedent), the trial court granted summary judgment in favor of defendant and ordered that there was no just reason to delay enforcement or appeal. Plaintiff appeals the summary judgment. The issue on appeal is whether defendant owed a legal duty to decedent and whether the trial court properly decided that question as a matter of law by summary judgment.

The relevant facts are as follows. On April 23, 1988, decedent was cleaning and operating a meat mixing and grinding machine (mixer/ grinder) in the course of his employment with Otto and Sons, Inc. (Otto). Somehow, decedent got inside the mixer/grinder and was found dead inside the mixer/grinder. When decedent was found, the mixer/grinder was running in the mixing mode. At the time of decedent’s death, Otto was a meat products supplier to defendant, a corporation engaged in the management and franchising of restaurants in Illinois and elsewhere.

Defendant and Otto had a close business relationship. Peter Mazza, an employee of defendant, testified during his deposition that Otto had been “McDonaldized.” Mazza explained that by this he meant that Otto understood “our culture, they know how to get around within the company, who to talk to, and how to get things done.”

Defendant did not have a written contract with Otto. Otto was one of only five United States suppliers of ground beef patties and other meat products to defendant. Otto was the exclusive supplier of these meat products to defendant’s franchisees within a designated area of the country. Defendant was Otto’s only customer. Defendant purchased Otto’s entire output.

Defendant required Otto to meet and maintain certain standards with respect to the quality of the meat products defendant purchased from Otto. Defendant required Otto to supply only wholesome, high-grade meat; to deliver the meat in a certain specific condition; to maintain certain standards of cleanliness; and to conduct its operation in a manner to maintain the quality and safety of the meat products.

Defendant monitored the quality of the meat products it purchased from Otto in several ways. Among the ways defendant monitored Otto was through periodic quality assurance reviews, sanitation audits, and supplier status reports. Defendant generally refers to these monitoring activities as audits. Some of the audits occurred at Otto’s plant.

Pretrial discovery disclosed records of three audits in defendant’s files. The earliest of these audit records was a quality assurance review report. Paul Simmons, employed by defendant as a quality assurance supervisor, drafted the report in 1985. The report consists of two, single-spaced typewritten pages containing about 23 separate items of information. Plaintiff cites two of the items in the report. The first item states “[t]he equipment is in good working order and maintenance staff are very knowledgeable of equipment.” The second item states “[mjanagement could spend more time on the production floor to review product and equipment, as well as spending more time with the employees at their work stations. Field Service could also benefit by spending some time on the production floor.”

The second audit report found in defendant’s files was a sanitation audit report. Simmons also prepared this report. The sanitation audit report was a summary of a meeting at Otto’s plant on September 24, 1987, which was attended by Simmons and eight other people including Otto’s plant supervisor and other Otto employees. The information in the sanitation audit report could have come from either the defendant’s employees or Otto’s employees who attended the meeting. The report consists of three typewritten pages. The first item in the report is a statement showing that the purpose of the meeting was to “Review the sanitation program and determine the level of food safety at the facility.” The specific evidence plaintiff points to in this sanitation audit report is a statement that the “Plant is equipped with electrical lockouts including lighted indicators for employee safety.” Plaintiff also notes that the report lists one of the benefits of reducing high pressure and increasing nozzle size as “Safety.”

The third audit report found in defendant’s files was a plant visit and supplier status report dated December 13, 1988 (nearly eight months after the incident in question here). Plaintiff notes that the report, under the heading “Plant Requirements and Recommendations,” contains the following statement:

“General GMP’s [Good Manufacturing Practices] and attention to detail were lacking. Examples — Production Supervisors were not wearing hair nets or beard nets, they were wearing watches and jewelry. Tools were laying [sic] on equipment with no holders or safety precautions. Broken Combo’s in cooler, bloody floor. Large cage [sic] of alcohol in production cooler (Christmas gifts). In general, plant was not its usual quality condition.”

In addition to the audit reports, plaintiff notes that the sign outside Otto’s plant shows that Otto & Sons are “PROCESSORS OF MEAT PRODUCTS FOR McDONALDS.” The sign also contains defendant’s logo, the golden arches.

Plaintiff contends that the foregoing facts are sufficient to show that, or at least raise a question of fact whether, defendant had a legal duty to exercise due care in guarding against injury to decedent during the course of decedent’s employment with Otto. Plaintiff argues that this duty arose from defendant’s voluntary undertaking of the duty or from defendant’s total control of Otto and Otto’s plant.

Defendant denies that it had total control of Otto or Otto’s plant. Defendant asserts that it had a business relationship with Otto in which it purchased goods from Otto but did not control Otto. Defendant specifically points to the fact that it never required or directed Otto to use a certain type of mixer/grinder at its plant. Defendant also notes that it is undisputed that defendant did not participate in the design, purchase, or installation of the mixer/grinder and that there is no evidence showing defendant ever inspected the mixer/ grinder.

Defendant asserts that plaintiff has not shown a voluntary undertaking of a duty by defendant for the safety of Otto’s employees. Defendant contends that the 1985 quality assurance review report drafted by Simmons was a compilation of information obtained from several sources. These sources included Simmons’ visits to Otto’s plant as well as observations from other employees of the defendant, restaurant licensees, and other suppliers. Defendant argues that the information was only used to monitor the quality of the meat product and plant sanitation.

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

Related

Dominick's Finer Foods v. Indiana Insurance Co.
2018 IL App (1st) 161864 (Appellate Court of Illinois, 2018)
Dominick's Finer Foods v. Indiana Insurance Company
2018 IL App (1st) 161864 (Appellate Court of Illinois, 2018)
Hayward v. C.H. Robinson Company, Inc.
2014 IL App (3d) 130530 (Appellate Court of Illinois, 2015)
Brown v. Sears, Roebuck & Co.
125 F. App'x 44 (Seventh Circuit, 2004)
Chelkova v. Southland Corp.
Appellate Court of Illinois, 2002
Volpe v. IKO Industries, Ltd.
763 N.E.2d 870 (Appellate Court of Illinois, 2002)
Jakubowski v. Alden-Bennett Construction Co.
763 N.E.2d 790 (Appellate Court of Illinois, 2002)
Rogers v. Clark Equipment Company
Appellate Court of Illinois, 2001
Rogers v. Clark Equipment Co.
744 N.E.2d 364 (Appellate Court of Illinois, 2001)
Castro v. Brown's Chicken and Pasta, Inc.
732 N.E.2d 37 (Appellate Court of Illinois, 2000)
Castro v. Brown's Chicken & Pasta, Inc.
Appellate Court of Illinois, 2000
Brown v. Walker Nursing Home, Inc.
718 N.E.2d 373 (Appellate Court of Illinois, 1999)
Jackson v. Hilton Hotels Corp.
660 N.E.2d 222 (Appellate Court of Illinois, 1995)
Petty v. Chris-Kare, Inc.
636 N.E.2d 960 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 845, 239 Ill. App. 3d 403, 179 Ill. Dec. 1013, 1992 Ill. App. LEXIS 2180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavazzi-v-mcdonalds-corp-illappct-1992.