Nickels v. Reid

661 N.E.2d 442, 277 Ill. App. 3d 849, 214 Ill. Dec. 588, 1996 Ill. App. LEXIS 41
CourtAppellate Court of Illinois
DecidedJanuary 30, 1996
Docket1-94-1308
StatusPublished
Cited by22 cases

This text of 661 N.E.2d 442 (Nickels v. Reid) 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
Nickels v. Reid, 661 N.E.2d 442, 277 Ill. App. 3d 849, 214 Ill. Dec. 588, 1996 Ill. App. LEXIS 41 (Ill. Ct. App. 1996).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Plaintiff Donald Nickels appeals from the circuit court’s order granting defendant Christine Reid’s (Reid’s) motion to dismiss plaintiff’s second amended complaint pursuant to section 2 — 619 of the Illinois Code of Civil Procedure (Code) (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 619 (now 735 ILCS 5/2 — 619 (West 1992))). On appeal, plaintiff contends that the trial court erred in: (1) granting Reid’s motion to dismiss because a question of fact existed as to whether Reid was equitably estopped to assert a statute of limitations defense; and (2) finding that plaintiff’s second amended complaint did not relate back to the date of the filing of his original complaint. We affirm.

According to plaintiff, on November 9, 1989, he was traveling in a westerly direction on Dempster Street in Niles, Illinois, and was stopped at an intersection when his vehicle was struck from behind. Plaintiff asked the other driver for her name and automobile insurance information. The driver, later identified as Reid, gave him the names of Patricia Villareal (Villareal) and State Farm. Plaintiff contacted State Farm, brought his automobile to it for an estimate of damages and subsequently received $60 from State Farm for those damages. Thereafter, plaintiff’s attorneys had various conversations with David Tones, the State Farm claims specialist assigned to the "Villareal” file, regarding a possible settlement for his claim of personal injuries. According to plaintiff, State Farm, through Tones, never indicated in its correspondence with plaintiff’s attorneys that Reid, whose automobile was also insured by State Farm, was in fact the driver of the automobile that collided with plaintiff’s automobile.

On May 1, 1991, plaintiff, who had not received a settlement offer from State Farm, filed a complaint against Villareal. On June 6, 1991, Villareal filed her answer, denying that she was in "the use, possession, operation and control” of a motor vehicle which struck plaintiffs vehicle and that her vehicle had "collided with” plaintiffs vehicle. On August 12, 1991, plaintiff served interrogatories on Villareal. On December 24, 1991, Villareal answered plaintiffs interrogatories. In response to interrogatory numbers 1, 2, 4 and 11, Villareal stated as follows:

"1. State the full name and address of the defendant answering
ANSWER: Patricia Villareal
9112 West Algonquin Road Huntley, Illinois
2. State the full name and address of each person who witnessed or claims to have witnessed the occurrence alleged in the complaint.
ANSWER: The Plaintiff
Chris Reid, 9112 Algonquin Rd.,
Huntley, 111. 60142
* * *
4. Were you the owner or driver of any vehicle involved in said occurrence? ***
ANSWER: Owner ***.
* * *
11. Do you have statements from any witness(es) other than yourself ***. If so, give the name and address of each such witnesses) *** and state whether such statement was written or oral.
ANSWER: No.”

Plaintiff was deposed on February 10, 1992. He stated that he and the driver of the automobile which struck his vehicle "exchanged insurance information,” that the driver (Reid) gave him a piece of paper with the names Patricia Villareal and State Farm written on it, that Reid did not "say anything” as to whether the name on the paper was hers or the name of the owner of the vehicle, that he had not given the piece of paper to his attorney but that he "believe[d]” he still had it, and that he could not remember if he gave the driver the same information that she had given him.

On July 20, 1992, plaintiff’s attorney deposed Patricia Villareal and Christine Reid. Villareal stated that Reid was her roommate and that Reid had borrowed her car and was driving it at the time of the accident. Villareal had loaned the automobile to Reid for Reid’s personal affairs. Villareal learned of the accident when Reid returned home the following afternoon. Reid told Villareal that she had "gently bumped” into another car and reported the accident to her insurance company. Both Villareal and Reid had policies with State Farm.

Reid stated in her discovery deposition that she, not Villareal, had been driving Villareal’s vehicle when the accident occurred. In response to a question concerning the information Reid gave plaintiff after the accident, Reid stated:

"A. The information I gave him was of two types on one piece of paper. I gave him my name, my address, my driver’s license number.
I also gave the license plate number of the vehicle and the insurance that corresponded with that vehicle, which was in Patricia Villareal’s name.
* * *
Q. Did you tell him that you weren’t the owner of the vehicle that you were driving that morning?
A. I don’t remember. I believe I did, because I needed to explain the two names on the piece of paper.
* * *
Q. Do you ever remember telling him that Patricia Villareal was, in fact, the owner of the vehicle that you were driving on that day?
A. I do not remember specifically, but as I said before, I believe that I must have said that when I was explaining why there were two names on the piece of paper.
I clearly specified that I was the driver.”

On August 25, 1992, plaintiff filed a first amended complaint, alleging that Reid, not Villareal, was the other driver involved in the accident. Plaintiff alleged further that Villareal negligently maintained her vehicle in that the car brakes were defective and that Villareal was vicariously liable for Reid’s negligence based on an agency theory. Plaintiff did not name Reid as a defendant in this complaint and sought recovery only from Villareal. Villareal answered the complaint, denying the existence of an agency relationship and denying all allegations of wrongdoing, including her denial, once again, that she was the operator of the vehicle involved in the collision. Villareal did admit "that a collision occurred.”

On June 22, 1993, Villareal filed a motion for summary judgment. On July 30, plaintiff filed a response to the motion and also moved to file a second amended complaint. The court granted plaintiff’s motion, and plaintiff filed his second amended complaint on September 24, 1993, which named Reid as a defendant for the first time. The allegations against Villareal remained the same.

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Cite This Page — Counsel Stack

Bluebook (online)
661 N.E.2d 442, 277 Ill. App. 3d 849, 214 Ill. Dec. 588, 1996 Ill. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nickels-v-reid-illappct-1996.