Lockett v. Board of Education

555 N.E.2d 1055, 198 Ill. App. 3d 252, 61 Educ. L. Rep. 212, 144 Ill. Dec. 536, 1990 Ill. App. LEXIS 715
CourtAppellate Court of Illinois
DecidedMay 11, 1990
Docket5-88-0461
StatusPublished
Cited by10 cases

This text of 555 N.E.2d 1055 (Lockett v. Board of Education) 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
Lockett v. Board of Education, 555 N.E.2d 1055, 198 Ill. App. 3d 252, 61 Educ. L. Rep. 212, 144 Ill. Dec. 536, 1990 Ill. App. LEXIS 715 (Ill. Ct. App. 1990).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

Christopher Lockett was a fourth-grade student at A.M. Jackson School in the East St. Louis School District (School District) on April 13, 1981. After school that day he boarded the school bus and sat at the rear of the bus. On the route home, the bus stopped to unload passengers. Christopher stood up, looked out the open window, and saw a boy outside bend down and pick up an object. Christopher turned his head away for a moment and when he looked back, a piece of glass struck him in the left eye. The injury resulted in complete and permanent loss of vision and light perception to the eye.

A complaint was filed on behalf of Christopher Lockett (Lockett) and his mother against the School District and the Vandalia Bus Lines (Bus Lines). The jury returned a verdict of $110,000, and reduced the verdict by $44,000, after finding Lockett 40% at fault. Judgment was entered on the verdict and plaintiffs’ post-trial motion was denied. Vandalia Bus Lines’ motion for judgment notwithstanding the verdict was denied as well. Plaintiffs appealed, and the Bus Lines cross-appealed.

Of the numerous issues presented to this court, the first concerns the jury’s verdict. The jury verdict form in part reads, “We, the jury, find for the plaintiffs and against the following defendant(s): Vandalia Bus Lines, Inc.” The last line of the verdict form states, “We further find against this plaintiff and for the following defendant(s): None.” Plaintiffs insist that the verdict is inconsistent and, therefore, cannot stand. Plaintiffs cite Wottowa Insurance Agency, Inc. v. Bock (1984), 104 Ill. 2d 311, 472 N.E.2d 411, and Hinnen v. Burnett (1986), 144 Ill. App. 3d 1038, 495 N.E.2d 141, as authority that an inconsistent verdict requires a new trial. In Wottowa the court held that when the jury found that defendants’ guaranty was a corporate obligation it was legally inconsistent for the jury to also render a verdict finding that defendants had perpetrated a fraud by executing the guaranty ■without any intention of personally guaranteeing the obligations of the corporation. The Hinnen court ordered a new trial where the inconsistent verdicts awarded the accident victim compensation for the full amount of her expenses for pain medication and physical therapy, but awarded nothing for pain and suffering. The jury verdict at bar does not show that the jury disregarded a proven element of damages in rendering its verdict, as did the jury in Hinnen. The jury verdict is also not legally inconsistent as was that in Wottowa. Further, any inconsistency in the written jury verdict was corrected by the trial court’s action.

After the verdict form was received by the court, the court made the following inquiry of the jurors in open court with counsel present:

“THE COURT: But, I had one question in regard to the verdict and I would like to ask one question to the foreman.
JURY FOREMAN: Yes, sir.
THE COURT: At the bottom of the verdict, it says: We further find against this plaintiff and for the following defendant or defendants, and you put down the word “None.” Now, after examining, from examining this verdict, you find, and the verdict of all of you is against Vandalia Bus Lines and not against School District 189?
JURY FOREMAN: That is correct.
THE COURT: Is that correct? Does everybody agree with that?
(Whereupon, all the jurors answered in the affirmative.)”

Upon receiving a verdict in irregular form, it is proper for the court to consider the entire record, and to endeavor to determine the intent of the jury. There must be a reasonable basis upon which to find what it did intend. (Bencie v. Williams (1949), 337 Ill. App. 414, 420, 86 N.E.2d 258, 260.) At trial, plaintiffs proceeded against two defendants and the jury found in favor of the plaintiffs against only one of the defendants. The court inquired of the jurors as to whether the verdict was against the Bus Lines and not against the School District, and the jury affirmed the court’s inquiry. It is clear that the jury intended to assess liability only as to the Bus Lines. The court’s inquiry clarified the jury’s verdict, and the court properly saw no reason to physically amend the verdict form.

The next issue raised by plaintiffs is whether the court erred in entering a directed verdict for the Bus Lines as to paragraph 8(a) of counts III and IV of plaintiffs’ complaint. Paragraph 8(a) stated that the Bus Lines was negligent in that it:

“a. Failed to instruct the students, including plaintiff, in safe bus riding practices in violation of State Board of Education Rules & Regulations for Pupil Transportation Section 9.01, et seq.”

Section 9.01 et seq. reiterates the requirement imposed in section 27—26 of the Illinois School Code (Ill. Rev. Stat. 1987, ch. 122, par. 27—26), on which plaintiffs’ paragraph 8(a) was based:

“§27 — 26. Bus safety. The curriculum in all public schools and in all other educational institutions in this State supported or maintained, in whole or in part, by public funds, which provide instruction in any of the grades from kindergarten through 12, shall include instruction in safe bus riding practices for all students who are transported by bus to or from school or in connection with any school activity. Such instruction shall be given at least twice during each school year and shall include emergency evacuation drills.”

Plaintiffs insist that the Bus Lines was negligent in not fulfilling this statutorily imposed requirement because the Bus Lines was contractually obligated to fulfill it. Said contractual obligation is said to arise from the contract entered into between the Bus Lines and the School District. Plaintiffs refer to paragraph 10 of that contract:

“10. During the entire term of the proposed contract, the party of the second part [Bus Lines] shall comply in every respect with all laws, rules and regulations of the State of Illinois affecting or regulating the transportation of school children, including but not limited to the Motor Vehicle Code and The School Code of Illinois and the rules promulgated by the Illinois Office of Education and Department of Transportation.” (Emphasis added.)

In construing a contract, the determinative factor is to effect the intent of the parties, and where the terms of the contract are plain and unambiguous, the intent of the parties must be ascertained solely from the words employed in the contract. (Puckett v. Oelze (1985), 134 Ill. App. 3d 1020, 1025, 481 N.E.2d 867, 871; Hammel v. Ruby (1985), 139 Ill. App. 3d 241, 247, 487 N.E.2d 409, 413.) In the case at bar, the language of the contract is plain and unambiguous.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 1055, 198 Ill. App. 3d 252, 61 Educ. L. Rep. 212, 144 Ill. Dec. 536, 1990 Ill. App. LEXIS 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockett-v-board-of-education-illappct-1990.