Pfeifer v. CANYON CONST. CO., INC.

628 N.E.2d 746, 253 Ill. App. 3d 1017, 195 Ill. Dec. 282, 1993 Ill. App. LEXIS 1869
CourtAppellate Court of Illinois
DecidedDecember 20, 1993
Docket2-93-0031
StatusPublished
Cited by13 cases

This text of 628 N.E.2d 746 (Pfeifer v. CANYON CONST. CO., 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
Pfeifer v. CANYON CONST. CO., INC., 628 N.E.2d 746, 253 Ill. App. 3d 1017, 195 Ill. Dec. 282, 1993 Ill. App. LEXIS 1869 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, Susan Pfeifer, brought this action for the wrongful death of her husband, Steven Pfeifer. She appeals from an order of the circuit court of Lake County granting the motion of defendant, Canyon Construction Company (Canyon), for a directed verdict. Plaintiff asserts on appeal that the trial court erred in: (1) excluding evidence of admissions by defendant; (2) directing a verdict for the defendant at the close of plaintiff’s case; and (3) barring certain evidence of loss of support.

Briefly, the basic facts underlying this action are as follows. Steven Pfeifer worked for Canyon, primarily as a truck driver. There was conflicting evidence regarding the extent to which he also helped to service the company’s vehicles and equipment. The Pfeifers lived in McHenry, over an hour’s trip from Canyon’s yard in Chicago. While Steven normally drove his own car to work, on July 14, 1988, his car was not working so he drove a Ford F-250 truck belonging to the company. Steven worked late into the night of July 14 and left the company yard about 2 o’clock the next morning. On the way home he apparently pulled the truck into an abandoned gas station parking lot to park and rest or sleep before completing the trip. The weather was hot and humid, and later investigations showed that the keys were in the ignition, the ignition switch was on, the air conditioning was set for maximum cooling, and the fan switch was at the low setting. At some point during the early morning hours a fire broke out in the engine compartment of the truck, and Steven was asphyxiated due to inhalation of the products of combustion from the fire. Additional relevant facts will be included in the discussion of the issues.

With regard to the cause of the fire, in her third amended complaint plaintiff alleged essentially that the exhaust system of the Ford F-250 truck had been modified; in the process of modification the fuel lines had been rerouted over the steering shaft; as a result of the rerouting, the fuel lines came into contact "with and were subjected to wear by the turning of the steering shaft; one of the fuel lines eventually failed and gasoline or gasoline vapors leaked into the engine compartment and were ignited. As to the liability of defendant, the complaint basically alleged that Canyon knew of the rerouting of the fuel lines since it had either performed certain modifications of the exhaust system itself or had directed someone else to do the work; Canyon knew or should have known that rerouting the fuel lines could ultimately result in a fire which might injure the user of the truck; and Canyon had a duty, but negligently failed, to warn Steven Pfeifer of this dangerous condition at the time the truck was loaned or entrusted to him.

Following the presentation of plaintiff’s case to a jury, Canyon moved for a directed verdict. Rejecting all other grounds urged by the defendant, the trial court found that plaintiff’s evidence that Canyon had actual knowledge that the fuel lines had been rerouted and that a danger of fire had thereby been created was not sufficient to withstand the motion for directed verdict. The motion was granted, and plaintiff’s subsequent motion for a new trial was denied. This appeal followed.

Plaintiff first contends that the trial court erred in refusing to admit evidence of admissions purportedly made by defendant in portions of the pleadings and in answers to interrogatories. The determination of the admissibility of evidence is a matter of trial court discretion and should not be reversed absent an abuse of that discretion. (Skelton v. Chicago Transit Authority (1991), 214 Ill. App. 3d 554, 577.) We have carefully reviewed those sections of defendant’s answer to the third amended complaint which are cited by plaintiff and find that defendant did, indeed, make a number of admissions of fact. Statements of fact admitted in an answer become judicial admissions which bind the party making them. (Dixon v. City of Chicago (1981), 101 Ill. App. 3d 453, 455; Western Life Insurance Co. v. Chapman (1975), 31 Ill. App. 3d 368, 372.) Accordingly, defendant’s admissions, which were binding, were already part of the record. Plaintiff did not need to make them part of her case.

More significantly, despite plaintiff’s suggestions to the contrary, none of the cited admissions concerned matters in dispute. For example, Canyon admitted the allegations that it was an Illinois corporation, that it owned the 1976 Ford truck, and that it had had a header exhaust system installed on the truck. Defendant also admitted, in response to paragraph four of the complaint, that it was in the construction business, that it owned trucks and construction equipment, and that certain maintenance work was sometimes done on its vehicles by Canyon employees. As will be shown, none of these allegations were disputed. Moreover, all of them were the subject of other evidence produced at trial, as was the allegation made in defendant’s affirmative defense, that Steven Pfeifer had died as a result of inhaling the by-products of a fire in the engine compartment. Consequently, had defendant’s admissions been admitted they would have been, to varying degrees, cumulative of other evidence which was introduced at trial. Under the circumstances, the exclusion of the admissions found in defendant’s answer did not constitute reversible error.

With regard to the answers to interrogatories, defendant does not dispute that such answers may be admissible as admissions. However, defendant asserts, and we find, that the answers at issue here, like the admissions discussed above, were often not relevant to the issues raised. Purported admissions must be relevant to and have a material bearing on the issues of the case. (Bargman v. Economics Laboratory, Inc. (1989), 181 Ill. App. 3d 1023, 1029.) Once again, the answers cited by plaintiff related to undisputed matters which were not issues in the case and/or were cumulative of other evidence. Specifically, defendant gave responses concerning its ownership of the Ford truck; various modifications that had been made to the truck; Steven Pfeifer’s employment as a truck driver for Canyon; and the fact that Hank Disharoon, who supervised Canyon, gave Steven permission to use the truck prior to the night Steven died. There was no dispute about any of these facts, and other evidence was produced to show all of them.

Defendant also challenges many of the cited interrogatory answers on the ground that they do not amount to admissions but are merely neutral statements which neither admit nor deny anything. We agree with defendant’s characterization of its answers. In response to a question about records of work done on the truck defendant stated, “Records of routine maintenance do not exist.” Similarly, defendant answered that the location of service records, repair receipts and the like for the truck was “unknown.” Despite plaintiff’s attempt to construct an argument otherwise, we do not perceive these answers as admissions of anything but as neutral replies to the interrogatory questions. The Bargman court determined that such statements were properly excluded from evidence. Bargman, 181 Ill. App. 3d at 1029.

Plaintiff urges that the answers described above conflict with testimony, as well as other interrogatory answers, which tend to show that Henry Disharoon, who ran the company, required that records be kept.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Passafiume v. Jurak
2024 IL 129761 (Illinois Supreme Court, 2024)
Passafiume v. Jurak
2023 IL App (3d) 220232 (Appellate Court of Illinois, 2023)
Kovak v. Barron
2014 IL App (2d) 121100 (Appellate Court of Illinois, 2014)
Tagliere v. Western Springs Park District
944 N.E.2d 884 (Appellate Court of Illinois, 2011)
First Financial Funding Corp. v. Rosewell
707 N.E.2d 60 (Appellate Court of Illinois, 1998)
In Re County Treasurer
707 N.E.2d 60 (Appellate Court of Illinois, 1998)
In re Application fo County Treasurer
Appellate Court of Illinois, 1998
Dahan v. UHS of Bethesda, Inc.
Appellate Court of Illinois, 1998
Rochelle Disposal Service, Inc. v. Pollution Control Board
639 N.E.2d 988 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
628 N.E.2d 746, 253 Ill. App. 3d 1017, 195 Ill. Dec. 282, 1993 Ill. App. LEXIS 1869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfeifer-v-canyon-const-co-inc-illappct-1993.