Raper v. Hazelett & Erdal

449 N.E.2d 268, 114 Ill. App. 3d 649, 70 Ill. Dec. 394, 1983 Ill. App. LEXIS 1784
CourtAppellate Court of Illinois
DecidedMay 13, 1983
Docket81-2716
StatusPublished
Cited by26 cases

This text of 449 N.E.2d 268 (Raper v. Hazelett & Erdal) 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
Raper v. Hazelett & Erdal, 449 N.E.2d 268, 114 Ill. App. 3d 649, 70 Ill. Dec. 394, 1983 Ill. App. LEXIS 1784 (Ill. Ct. App. 1983).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Plaintiff, James Raper, administrator of the estate of Beth Raper, brought suit to recover damages against defendant Hazelett & Erdal, an Illinois partnership, for damages sustained by the alleged negligence of defendant in the construction and design of a highway median in Kentucky over which an errant vehicle crossed, striking the car of plaintiff’s decedent and resulting in her death.

The trial court granted the defendant’s motion for summary judgment on the grounds that a prior suit, brought by plaintiff in the Kentucky Board of Claims, found that the median was constructed in accordance with industry standards in effect at the time it was built, and plaintiff appeals.

The solitary issue on review is whether the trial court erred in granting defendant’s motion for summary judgment on the basis of collateral estoppel.

The pertinent facts follow. On October 20, 1978, a car northbound on Interstate 65 in the Commonwealth of Kentucky went out of control when its left front tire blew out, traversed the highway median, and struck the car driven by the plaintiff’s decedent, Beth Raper.

Plaintiff filed suit in Kentucky against the driver of the car that struck plaintiff’s decedent, and received a settlement of $10,000 on January 30, 1980. Subsequently, a second suit was filed in the Kentucky Board of Claims against the Commonwealth of Kentucky, which alleged that Interstate 65 was either negligently designed or constructed by the Commonwealth, its contractors, or subcontractors, thereby permitting a motor vehicle to cross the median.

Plaintiff’s complaint alleged, inter alia, that:

“7. Interstate 65 was negligently designed or in the alternative negligently constructed so as to permit the motor vehicle operated by Elizabeth Evans to cross the median strip and strike the motor vehicle owned and operated by Beth H. Raper, deceased, and said negligence was a substantial factor in causing the death of Beth H. Raper.
8. Said negligent design and/or construction was performed by the Commonwealth of Kentucky, and/or by employees, servants, agents, architects, engineers, contractors or subcontractors employed or retained by the Commonwealth of Kentucky and under the supervision and control of the Commonwealth of Kentucky.”

A hearing was held before the Kentucky Board of Claims on December 14, 1979, wherein both parties presented the board with deposition testimony of expert witnesses, and plaintiff, in addition, presented eyewitness testimony. The Board of Claims unanimously held that the median was not defectively designed at the time it was constructed, stating: “The expert witness called by the defendant *** testified that the median was designed and constructed in accordance with the AASHO standards at that time. While it is true that the expert for the Plaintiff *** testified to the contrary, it is this Board’s finding that the design of the median in question was acceptable at the time the highway was constructed. While the record holds evidence that it would not be so if it were constructed by today’s standards, there is nothing to show this Board that the median in question was not designed and constructed in accordance with standards prevailing at the time of its design and construction.” Plaintiff did not appeal this ruling, and the statute of limitations period prescribed by Kentucky law expired on October 20, 1979.

Plaintiff brought suit against defendant, the Illinois contractor that supervised the construction of one section of Interstate 65, on October 19, 1979, alleging, inter alia, that defendant was negligent in failing to design or construct a median capable of preventing northbound vehicles from crossing over to the southbound lanes of traffic, or, in the alternative, of designing or constructing the highway with such obviously dangerous specifications that no competent contractor would have followed them.

Various pleadings were filed, and on March 10, 1981, defendant filed a motion for summary judgment on the basis that the prior administrative determination rendered by the Kentucky Board of Claims collaterally estopped the plaintiff from relitigating the issue of the design and construction of the median. The trial court granted this motion on October 5,1981, and plaintiff appeals.

Opinion

Initially, we note that the policy underlying the doctrine of res judicata, of which collateral estoppel is a part, is stated in section 1 of the Restatement of Judgments (1942):

“Where a reasonable opportunity has been afforded to the parties to litigate a claim before a court which has jurisdiction over the parties and the cause of action, and the court has finally decided the controversy, the interests of the State and of the parties require that the validity of the claim and any issue actually litigated in the action shall not be litigated again by them.” Bowen v. United States (7th Cir. 1978), 570 F.2d 1311, 1320-21.

Although plaintiff initially argues that he was never afforded a determination by a court because members of the Kentucky Board of Claims are not judges, we find that this antiquated position lacks merit and harkens back to a time earlier in this century when courts were unwilling to apply collateral estoppel to administrative determinations pursuant to Pearson v. Williams (1906), 202 U.S. 281, 50 L. Ed. 1029, 26 S. Ct. 608.

In 1966, the United States Supreme Court specifically held that “[w]hen an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose.” United States v. Utah Construction & Mining Co. (1966), 384 U.S. 394, 422, 16 L. Ed. 2d 642, 661, 86 S. Ct. 1545, 1560.

Thus, the modern trend has been to expand the application of the collateral estoppel, or estoppel by verdict, branch of the doctrine of res judicata, to better serve the underlying policy on which the doctrine is based, i.e., that one opportunity to litigate an issue fully and fairly is enough. Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation (1971), 402 U.S. 313, 28 L. Ed. 2d 788, 91 S. Ct. 1434; Bowen v. United States (7th Cir. 1978), 570 F.2d 1311.

We now turn to consider whether plaintiff is collaterally es-topped from further pursuing his claim.

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Bluebook (online)
449 N.E.2d 268, 114 Ill. App. 3d 649, 70 Ill. Dec. 394, 1983 Ill. App. LEXIS 1784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raper-v-hazelett-erdal-illappct-1983.