Lollis v. Chicago Transit Authority

606 N.E.2d 479, 238 Ill. App. 3d 583, 179 Ill. Dec. 647, 1992 Ill. App. LEXIS 1838
CourtAppellate Court of Illinois
DecidedNovember 17, 1992
Docket1-91-4096
StatusPublished
Cited by9 cases

This text of 606 N.E.2d 479 (Lollis v. Chicago Transit Authority) 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
Lollis v. Chicago Transit Authority, 606 N.E.2d 479, 238 Ill. App. 3d 583, 179 Ill. Dec. 647, 1992 Ill. App. LEXIS 1838 (Ill. Ct. App. 1992).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Plaintiff Rayvon Lollis appeals from the trial court’s entry of judgment on an arbitration award in favor of defendants, the Chicago Transit Authority (CTA) and its employee, Robert L. Ferguson, contending that in view of his rejection of the award, the judgment was unsupported by case law or statute and, presumably, supreme court rules.

Plaintiff filed an action against the CTA and Ferguson in November 1985, alleging that he suffered personal injuries when the bus which was driven by Ferguson, and on which plaintiff was a passen-. ger, stopped suddenly. Plaintiff originally sought damages in excess of $15,000, but ultimately agreed to transfer the action to the mandatory arbitration calendar pursuant to Supreme Court Rule 86(d). (134 Ill. 2d R. 86(d).) The three-member arbitration panel handed down its award in favor of defendants on July 1, 1991.

On July 11, 1991, plaintiff, pursuant to Supreme Court Rule 93(a) (134 Ill. 2d R. 93(a)), filed his rejection of the award, paid the requisite $200, and mailed defendants notice of his rejection of the award.

The parties then prepared for trial. The trial court held a conference on August 1, 1991, and ordered a status report for October 16, 1991; the trial was set for a week later, October 23, 1991. At the status call on October 16, 1991, the court held another conference with the parties, at which counsel for plaintiff informed the court and defendants’ counsel that plaintiff was then in the custody of the Illinois Department of Corrections.

On October 23, 1991, the cause was called for trial and defendants answered “ready” but, because plaintiff remained incarcerated, his counsel answered “not ready” and requested a short continuance. The court denied the request, finding that plaintiff had not adequately preserved his right to reject the arbitration award for defendants, given plaintiff’s inability to proceed to trial. It therefore entered judgment on the arbitrators’ award in favor of defendants and ordered plaintiff’s $200 arbitration refusal fee refunded.

On October 31, 1991, plaintiff filed a motion seeking to vacate the court’s order of October 23, 1991; he also sought the court’s approval of a voluntary dismissal of his action. The court denied the motion. Plaintiff thereupon filed an amended motion to vacate and voluntarily dismiss, but the court, on December 9, 1991, denied this motion as well. This appeal followed.

Plaintiff argues that the trial court erred when it determined that because he was not prepared to go to trial when his case was called, he had inadequately preserved his rejection of the arbitration award; consequently, the court’s rendering judgment on the award amounted to an impermissible disposition of the action with prejudice.

Since the trial court was operating under the recently promulgated supreme court rules on mandatory arbitration, our inquiry must begin by examining those rules. Supreme Court Rule 92(c), which governs the entry of judgments on an arbitrator’s award, states: “In the event none of the parties files a notice of rejection of the award and requests to proceed to trial within the time required herein [(30 days from the filing of the award)], any party thereafter may move the court to enter judgment on the award.” (134 Ill. 2d R. 92(c).) After parsing this rule, it becomes apparent that the trial court erred twice in entering judgment on the arbitration award. Its first error was to do so sua sponte. Rule 92(c) places the obligation on the parties to bring the motion; it makes no provision for the court to enter judgment on its own motion. 134 Ill. 2d R. 92(c); see also Ill. Ann. Stat., ch. 110A, R. 92(c), Committee Comments, at 69 (Smith-Hurd Supp. 1992) (“Unless the parties stipulate to dismiss the cause after the hearing and award, it is incumbent on a party to move the court to enter judgment after the 30-day period allowed for rejection at Rule 93 herein”).

Moreover, in view of plaintiff’s rejection of the award, the court also erred when it entered judgment on the award. Rule 92(c) permits entry of judgment on the arbitrators’ award only if no party rejects it. (134 Ill. 2d R. 92(c); see also Campbell v. Washington (1991), 223 Ill. App. 3d 283, 285, 585 N.E.2d 187, 188 (“Supreme Court Rule 92(c) [citation] permits the trial court to enter judgment on the award only in the event that no party files a notice of the rejection of the award.”) (Emphasis added).) Plaintiff not only filed the notice of rejection of the award on time, but he also employed the prescribed form.

The trial court implicitly held that a party who rejects arbitration must be prepared to go to trial when called to perfect his rejection of the arbitration award. However, because such an interpretation of the rule is inconsistent with the language thereof, it cannot be sustained. Supreme Court Rule 93(a) (134 Ill. 2d R. 93(a)) mandates the procedure with which the parties to an arbitration must comply in order to reject an arbitrator’s award. It provides in pertinent part:

“(a) Rejection of Award and Request for Trial. Within 30 days after the filing of an [arbitration] award with the clerk of the court, and upon payment of the sum of $200 to the clerk of the court, any party who was present at the arbitration hearing, either in person or by counsel, may file with the clerk a written notice of rejection of the award and request to proceed to trial, together with a certificate of service on all other parties.” 134 Ill. 2d R. 93(a).

Plaintiff complied with all of the procedural dictates of Rule 93(a): He filed his notice of rejection on July 11, 1991, which was only 10 days after the arbitrators filed their award, and 20 days prior to the 30-day deadline of the rule; he paid the $200 filing fee; and he served notice on the parties by mail. These are the only three requirements mentioned in the rule with which he needed to comply in order to register a rejection of the award. The trial court impermissibly imposed a fourth requirement: that plaintiff be ready to proceed to trial when called. It is readily apparent that the trial court misconstrued Supreme Court Rules 92 and 93 in this case.

However, “it is well settled that the judgment of the court below will be affirmed if it is justified in the law for any reason or ground appearing in the record regardless of whether the particular reasons given by the trial judge *** are correct or sound.” (Thornton v. Williams (1980), 89 Ill. App. 3d 544, 549, 412 N.E.2d 157, 161; see also Material Service Corp. v. Department of Revenue (1983), 98 Ill. 2d 382, 387, 457 N.E.2d 9, 12.) In consonance with that well-established rule, defendants advance two arguments in support of the trial court’s decision here.

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Bluebook (online)
606 N.E.2d 479, 238 Ill. App. 3d 583, 179 Ill. Dec. 647, 1992 Ill. App. LEXIS 1838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lollis-v-chicago-transit-authority-illappct-1992.