Mulloy v. American Eagle Airlines, Inc.

832 N.E.2d 205, 358 Ill. App. 3d 706, 295 Ill. Dec. 54
CourtAppellate Court of Illinois
DecidedJune 17, 2005
Docket1-03-1940
StatusPublished
Cited by19 cases

This text of 832 N.E.2d 205 (Mulloy v. American Eagle Airlines, 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
Mulloy v. American Eagle Airlines, Inc., 832 N.E.2d 205, 358 Ill. App. 3d 706, 295 Ill. Dec. 54 (Ill. Ct. App. 2005).

Opinions

JUSTICE McNULTY

delivered the opinion of the court:

Robert Heinbockel, an airline employee working at O’Hare airport, was a pedestrian on an airport access road when he was struck by a vehicle driven by an employee of another airline, and he filed a negligence action against that airline to recover damages for the injuries he suffered. After the presentation of Heinbockel’s case to a jury, the trial court directed a verdict for the defense. Patricia Mulloy, Heinbockel’s successor in interest, appeals that ruling and the barring of the testimony of one of the witnesses Heinbockel sought to introduce at trial. We affirm.

Heinbockel was employed by American Airlines as a fleet service clerk at O’Hare airport; his duties in that position included the transport of passenger luggage from the airline terminal to the gates of airplanes preparing for departure. Heinbockel testified at trial that an access route, known to airport personnel as the “depressed roadway,” separated his post at one of the luggage conveyor belts from the office where printouts of flight departure gates were issued; he also explained that he routinely crossed the depressed roadway on foot.

According to his trial testimony, on October 4, 1999, Heinbockel was crossing the depressed roadway at an unmarked crosswalk protected by stop signs when he noticed a coworker, Keith Tittensor, driving a baggage cart vehicle up to the stop sign in front of him. Heinbockel stated that he approached Tittensor’s vehicle from the driver’s side and spoke to him through the driver’s-side window. The depressed roadway consisted of two lanes, one for each direction of traffic, separated by a center dividing line, and Heinbockel testified that while he spoke to Tittensor, he remained on the same side of the center line as Tittensor’s vehicle. Heinbockel was struck by a baggage cart vehicle driving in the direction opposite from Tittensor’s and suffered injuries for which he sought damages in the action underlying the instant appeal. Heinbockel reported that he saw the oncoming cart only moments before being struck and could not provide detail on the manner in which the vehicle had been operated.

Heinbockel filed an action in the circuit court of Cook County against defendant American Eagle Airlines, Inc., and its employee, Shaunshell Dawkins, alleging negligence in Dawkins’ driving at a speed greater than was reasonable and proper, failing to keep a proper lookout, attaching defective carts to her vehicle, and failing to properly attach the carts and further alleging negligence in American Eagle’s failure to properly train and supervise Dawkins in the safe use of the vehicle and carts.

In addition to his own testimony, the evidence presented by Heinbockel at trial included the testimony of Keith Tittensor. At the time of the incident, he, like Heinbockel, was employed by American Airlines as a fleet service clerk at O’Hare airport. Tittensor testified that at the time of the accident, he was driving a baggage cart on the depressed roadway, that he stopped at a stop sign, and that he saw Heinbockel crossing the road. Tittensor anticipated that Heinbockel would continue across in front of him, but Heinbockel stopped and spoke to him through the driver’s-side window for a time that Tittensor estimated to be 10 or 15 seconds.

Tittensor then saw another baggage vehicle approaching from the opposite direction. He initially testified that he saw it come to a “rolling stop” at the stop sign opposite his position, which he estimated to have been 20 to 25 feet from his own stop position; he later admitted that he was not sure if the oncoming vehicle had come to a complete stop or not. Testimony from Tittensor and other witnesses established that the motorized driver’s portion of a baggage vehicle, known as the “tug,” pulled wheeled platforms, known as “dollies,” which carried containers, or “pods,” which could be opened, closed, locked, unlocked, and rotated on the dolly platform when unlocked.

As the oncoming vehicle passed him, Tittensor saw one of its pods spin and strike Heinbockel “without him even knowing it.” Tittensor testified that the incident happened so suddenly that he had no opportunity to warn Heinbockel of the danger. He also reported that as the vehicle continued away from him, he could see one of its pods swinging as if unlocked, and it protruded beyond the edge of the dolly that supported it.

Tittensor testified that standard rules of the road were considered to be in effect on the depressed roadway. He further testified that he was sure that a speed limit applied to the area where the accident occurred, was not sure what it was, but knew that the area was a “slow area” because of the volume of activity there, and estimated that the limit was 10 to 15 miles per hour. He further stated that he did not believe that the vehicle had accelerated to a speed in excess of the limit by the time it reached him.

Tittensor testified that Heinbockel was standing on his side of the center line when the accident occurred. He was not sure where the oncoming vehicle was in relation to the center line when it approached him and did not see any part of it cross the line, but he was sure that the pod had swung and assumed that some part of the pod or dolly had crossed the line because of where Heinbockel had been standing when he was struck.

Shaunshell Dawkins, the driver of the vehicle in question, was called by Heinbockel to testify as an adverse witness. She was employed by American Eagle Airlines, which, though owned by the same holding company as Heinbockel’s employer, American Airlines, is a separate, independently operating entity with its own employees. Dawkins testified that her duties for American Eagle on the date of the accident were to drive her tug vehicle to designated airplanes, hook trains of baggage dollies to her tug, drive to the American Eagle baggage belt, and transfer baggage from the pods to the belt. Dawkins explained that American Eagle did not load the pods or attach them to the dollies and that the pods and dollies were already prepared for transport by American Airlines employees when she arrived at their airplanes. Dawkins further testified that American Eagle employees were not trained in the locking of pods to dollies and that she was responsible only for attaching the dolly train to her tug, driving the tug to the American Eagle belt, and unloading the bags from the pods onto the belt.

Dawkins believed that the speed limit at the location of the accident was five miles per hour and said that she had not exceeded that limit. She initially denied driving over a bump at any time near the accident, but then conceded that, in an accident investigation conducted immediately after the incident, she had speculated that the pod attached to her vehicle came unlocked after she hit a bump. She also reported that she had not noticed anything wrong with the dollies or pods when she attached the dolly train to her tug, when she drove her vehicle to the American Eagle belt, or when she unloaded the pods. Dawkins denied driving over the center line of the roadway, said that she had seen Heinbockel and Tittensor, but had not had any idea that her vehicle had struck anyone as she drove by them.

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Cite This Page — Counsel Stack

Bluebook (online)
832 N.E.2d 205, 358 Ill. App. 3d 706, 295 Ill. Dec. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulloy-v-american-eagle-airlines-inc-illappct-2005.