Montefusco v. Cecon Construction Co.

392 N.E.2d 1103, 74 Ill. App. 3d 319, 30 Ill. Dec. 235, 1979 Ill. App. LEXIS 2882
CourtAppellate Court of Illinois
DecidedJuly 11, 1979
Docket78-414
StatusPublished
Cited by18 cases

This text of 392 N.E.2d 1103 (Montefusco v. Cecon Construction 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
Montefusco v. Cecon Construction Co., 392 N.E.2d 1103, 74 Ill. App. 3d 319, 30 Ill. Dec. 235, 1979 Ill. App. LEXIS 2882 (Ill. Ct. App. 1979).

Opinion

Mr. PRESIDING JUSTICE SCOTT

delivered the opinion of the court:

This is an appeal from a judgment of the Circuit Court of Peoria County, entered after a jury verdict finding in favor of the plaintiff. The plaintiff has filed a cross-appeal on the issue of damages.

During the fall of 1973 Anthony Montefusco contracted with several contractors to build a combined office-warehouse facility on North University Avenue, Peoria, Illinois, in an area commonly known as Pioneer Park. The defendant, Cecon Construction Company (hereinafter known as Cecon), agreed to provide foundation work, footings, and anchors pursuant to a prime contract.

During July 1974, still during construction, Montefusco and Cecon agreed to a change order whereby Cecon agreed to provide materials and manpower to attach 1,200 lineal feet of two-inch by six-inch by 16-foot wood strips to the perimeter of the roof decking. These strips were to be attached to the metal roof decking edges.

Prior to the attachment of the 2 x 6’s, Inland Ryerson Company, supplier of the building materials used on the facility, gave Cecon’s job supervisor specifications showing how the 2 x 6’s were to be attached. Cecon attached the 2 x 6’s in a manner which varied from the specifications. This variance was questioned by Montefusco, but Cecon’s job supervisor assured Montefusco that the 2 x 6’s were adequately secured to the roof.

On January 11, 1975, a portion of the roof blew off. Montefusco’s proof showed that 32 man hours of labor were used to weld the metal deck after that incident. Cecon’s president testified that more decking could be welded in an hour than could be bolted and that 3,200 square feet of decking could be bolted in 32 hours. A larger amount could be welded. Montefusco followed the specifications provided by Inland Ryerson and he testified that he had more bolts added to secure the roof. Nothing was done to the undamaged portion of the roof.

On May 19,1975, a portion of the roof which was undamaged in the first incident was damaged by wind. Again there were 32 man hours used to reweld the decking.

Montefusco filed a breach of contract action for the damage to the facility. Trial was held in early May 1978.

There was testimony by Roger Gear of the National Weather Service that the highest wind speed recorded at the Greater Peoria Airport on January 11, 1975, was 32 with highest gusts of 55. On May 19, 1975, the highest speed was 27 with gusts of 47. The readings were taken only at the airport. They indicated a sudden storm. Since wind speeds may vary depending upon whether the recording device is in the path of the storm or at its edge, a higher or lower wind speed may have occurred in Pioneer Park.

Phillip Borrowman, a registered engineer with experience in structural engineering, testified. He did not personally inspect the building. He said that the 2 x 6’s could withstand the wind if applied according to the Inland Ryerson specifications. He used calculations and test results supplied by Inland Ryerson. He performed additional calculations using information from letters and conversations from Inland Ryerson. Borrowman further testified that he made reference to a book published by the American National Standards Institute. This book is widely used and recognized as authoritative among engineers. The purpose of the book is to keep structural engineers informed on wind research and designing for wind resistance. Borrowman admitted that he did not know why the roof failed.

Montefusco offered damage exhibits totalling *90,304.89, with *47,586 as damages for the first incident and *42,718.89 as damages for the second. The jury verdict was *47,060.

Cecon raised three issues on appeal: (1) were certain opinions of Montefusco’s expert inadmissible as founded on hearsay; (2) was certain evidence pertaining to a lack of damage to other buildings improperly admitted; (3) did Montefusco offer sufficient evidence in relation to causation to support a verdict.

Cecon first argues that the trial court committed reversible error in allowing Montefusco’s expert, Phillip Borrowman, to offer conclusions which were based upon calculations and test results given to him orally by an Inland Ryerson Company employee who did not testify at trial.

Phillip Borrowman was called as an expert witness for the purpose of showing that if a building were constructed according to the specifications provided by the Inland Ryerson Company, it would have withstood the wind load placed on it. He was not called to prove causation.

Borrowman testified that he had based his calculations on information supplied by Inland Ryerson Company and also on his own experience and on information supplied by the American National Standards Institute.

Expert testimony is often based, at least in part, upon hearsay evidence. It is presumed that the expert because of his special knowledge is able to judge the reliability of the information on which he bases his opinion. (United States v. Williams (5th Cir. 1971), 447 F.2d 1285, cert. denied (1972), 405 U.S. 954, 31 L. Ed. 2d 231, 92 S. Ct. 1168; People v. Ward (1975), 61 Ill. 2d 559, 338 N.E.2d 171.) If the hearsay evidence upon which the expert’s opinion is based is that customarily relied upon by experts in the field, the opinion is admissible. Darling v. Charleston Community Memorial Hospital (1965), 33 Ill. 2d 326, 211 N.E.2d 253, cert. denied (1966), 383 U.S. 946, 16 L. Ed. 2d 209, 86 S. Ct. 1204.

In the instant case Borrowman, in making his calculations, referred to a work considered authoritative by structural engineers and used his personal experience as well. While he admitted that if the Inland Ryerson Company calculations were incorrect, his calculations would also be incorrect, we believe that his expert knowledge in the area qualifies him to determine whether he was relying on incorrect data. If an expert witness bases his opinion on several factors, even though all those factors may not themselves be admissible as evidence, his opinion is admissible when also based upon his personal experience and factors customarily relied upon by experts in the field. (Darling v. Charleston Community Memorial Hospital; United States v. Williams; People v. Ward; Lawson v. G. D. Searle & Co. (1976), 64 Ill. 2d 543, 356 N.E.2d 779.) It does not matter if those factors were supplied to him before or during the trial. People v. Ward; Lawson v. G. D. Searle & Co.

It must be clearly remembered that opposing counsel may extensively cross-examine the expert witness regarding all the factors upon which he relied in forming his opinion. Expert testimony is not definitive; it is merely one more piece of evidence which is used to prove a claim.

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Cite This Page — Counsel Stack

Bluebook (online)
392 N.E.2d 1103, 74 Ill. App. 3d 319, 30 Ill. Dec. 235, 1979 Ill. App. LEXIS 2882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montefusco-v-cecon-construction-co-illappct-1979.