Parsons v. Carbondale Township

577 N.E.2d 779, 217 Ill. App. 3d 637, 160 Ill. Dec. 454, 1991 Ill. App. LEXIS 1353
CourtAppellate Court of Illinois
DecidedAugust 6, 1991
Docket5-90-0556
StatusPublished
Cited by29 cases

This text of 577 N.E.2d 779 (Parsons v. Carbondale Township) 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
Parsons v. Carbondale Township, 577 N.E.2d 779, 217 Ill. App. 3d 637, 160 Ill. Dec. 454, 1991 Ill. App. LEXIS 1353 (Ill. Ct. App. 1991).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

Plaintiff, Javon Parsons, was involved in a motor vehicle collision on Reed Station Road in Carbondale Township at approximately 1 a.m. on May 6, 1988. The motorcycle on which he was traveling, in a northerly direction, was struck by a southbound automobile driven by Curtis Taets just past the crest of a hill located on Reed Station Road. Plaintiff brought suit against defendant, Carbondale Township, to recover damages alleged to have been caused by the negligent installation and maintenance of a road-warning sign. Taets was not made a party to this lawsuit. Plaintiff appeals from the entry of summary judgment in favor of defendant by the circuit court of Jackson County on August 1,1990.

Plaintiff raises the following issues for our consideration in this appeal:

(1) Whether defendant owed a duty of reasonable care to plaintiff in maintaining, erecting, and placing a traffic control or warning sign, after electing to erect a warning sign near the hill;

(2) Whether defendant breached the above-stated duty by failing to construct and install the sign according to the Illinois Manual of Uniform Traffic Control Devices for Streets and Highways and Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95x/2, par. 1 — 100 et seq.) provisions; and

(3) Whether the circuit court erred in finding as a matter of law that installation of the road sign by defendant was not the proximate cause of plaintiff’s injuries or negligence.

For reasons stated as follows, we reverse.

Excerpts of the discovery depositions taken of plaintiff and Curtis Taets were attached to defendant’s motion for summary judgment. Therefore, the following factual evidence was before the court when it ruled on defendant’s motion for summary judgment. Curtis Taets, a student at Southern Illinois University at Carbondale, had been studying for final examinations on the evening of May 5, 1988. He testified that he ingested no prescriptive or illegal drugs within 24 hours of the time of the accident. Taets invited three of his friends to take a break from their studying about 11:30 that evening and go for a ride in Taets’ father’s car. They had no particular destination in mind and just wanted to drive around and relax. Taets testified that he had never driven on Reed Station Road prior to that night.

Taets testified that except for stop signs in the city of Carbondale, he did not remember seeing any road signs after leaving the city limits. He was traveling on Reed Station Road, a tar and gravel road without lane markings, at approximately 55 miles per hour. The head lamps on his vehicle allowed visibility of at least 500 feet in front of the car and illuminated the road and shoulder ahead. Taets testified that although he did not see the subject road sign warning of the dangerous hill, he could see that there was a hill ahead which he was approaching. Taets did not apply the brakes as his car traveled up the hill. At approximately the crest of the hill, Taets noticed a single headlamp in the center of the road at the bottom of the other side of the hill. Taets braked his vehicle but it slid into the motorcycle driven by plaintiff.

Plaintiff testified in his deposition that he was not in the middle of the roadway as Taets had contended and that Taets had lost control of his vehicle as it crested the hill.

Plaintiff alleged in his complaint, inter alia, that prior to May 6, 1988, defendant, by and through its duly authorized agent Vernell Bloodworth, the Carbondale Township highway supervisor, had knowledge that a portion of Reed Station Road, approximately one mile north of Illinois Route 13, constituted a hazard to motorists and had been the scene of numerous accidents as a result of a “dangerous” hill. The complaint further alleged that the steep grade of this hill caused motorists to lose control of their vehicles when driving over the crest of this hill at speeds below the 55-mile-per-hour speed limit established for automobiles on roads outside urban districts where no other applicable speed limit has been posted. Plaintiff alleged that Bloodworth caused to be erected two traffic control signs mounted on a single pole on the north side of said hill, facing the southbound traffic on the west side of said roadway. Plaintiff further alleged that having made the initial decision to erect the traffic control signs, defendant had a duty to use reasonable care and caution in erecting said signs in such a manner as to warn the public of the “dangerous” condition so that motorists could be advised of the approaching hazard and reduce their speed accordingly. The complaint alleged that this duty was breached because the Township:

“(a) improperly erected a regulatory speed limit sign on the same pole as the warning sign in violation of Sections 2A— 21 and 2C — 35 of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highway[ ] (hereinafter, ‘State Manual’), and in violation of Ill. Rev. Stat. 1987, ch. 951/2, par. 11— 304;
(b) failed to post a ‘Speed Zone Ahead’ sign, together with a corresponding advisory speed plate in advance of the regulatory speed limit sign used in conjunction with the warning sign, in violation of Section 7 — 1(a) of Chapter 7 of the Policy on Establishing and Posting Speed Limits and in violation of Ill. Rev. Stat. 1987, ch. 95V2, par. 11-304;
(c) failed to construct the traffic control warning sign of reflectorized material or otherwise illuminate said sign in violation of Section 2C — 2 of the State Manual and in violation of Ill. Rev. Stat. 1987, ch. 95V2, par. 11 — 304;
(d) failed to use the properly shaped diamond traffic control warning sign in violation of Section 2C — 2 of the State Manual and in violation of Ill. Rev. Stat. 1987, ch. 95V2, par. 11 — 304;
(e) improperly mounted said traffic control sign, used in conjunction with the regulatory speed sign, too low to the ground, and too close to the edge of the roadway in violation of Section 2A — 21 of the State Manual and in violation of Ill. Rev. Stat. 1987, ch. 95V2, par. 11-304;
(f) failed to use the appropriate wording on said traffic control warning sign in violation of Sections 2A — 14, 2C — 26 and 2C — 27 of the State Manual and in violation of Ill. Rev. Stat. 1987, ch. 95V2, par. 11 — 304; [and]
(g) improperly placed said traffic control warning sign too close to the hazard, and thereby failed to give motorists sufficient advance notice so that motorists could be advised of the approaching hazard and reduce their speed accordingly.”

In defendant’s answer it denied each of the above-stated allegations and alleged as an affirmative defense that based on plaintiff’s complaint, Carbondale Township possessed an absolute immunity for the asserted claim.

Defendant conceded at the hearing on its motion for summary judgment that municipalities which undertake to erect road signs must do so nonnegligently.

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Bluebook (online)
577 N.E.2d 779, 217 Ill. App. 3d 637, 160 Ill. Dec. 454, 1991 Ill. App. LEXIS 1353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parsons-v-carbondale-township-illappct-1991.