Redelmann v. KA Steel Chemicals, Inc.

879 N.E.2d 505
CourtAppellate Court of Illinois
DecidedNovember 29, 2007
Docket1-06-2371
StatusPublished
Cited by5 cases

This text of 879 N.E.2d 505 (Redelmann v. KA Steel Chemicals, 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
Redelmann v. KA Steel Chemicals, Inc., 879 N.E.2d 505 (Ill. Ct. App. 2007).

Opinion

879 N.E.2d 505 (2007)

Fritz REDELMANN, Plaintiff-Appellant,
v.
K.A. STEEL CHEMICALS, INC., PVS Chemicals (Illinois), Inc., and Veliscol Chemical Corp., Defendants-Appellees
(Alexander Chemical Corporation, The Butcher Company, Inc., Cardinal Chemical Corporation, Clorox Products Manufacturing Company, C.P. Sales Company, NYCO Products Company, Olin Corporation, PPG Industries, Inc., Rexford Rand Corporation, Stevens Chemical Company, Sunnyside Corporation, S.C. Johnson and Son, Inc., S.C. Johnson Commercial Markets, Inc., West Sanitation Services, Inc., Hysan Corporation, Wepak Corporation, Canberra Corporation, Rowell Chemical Corporation, Seeler Industries, Inc., Atochem North America, Inc., BASF Wyandotte Corporation, Select Specialty Sales, L.L.C., Phibro Chemicals, Inc., Claire, Inc., and Chemical Packaging Corporation, Defendants).

No. 1-06-2371.

Appellate Court of Illinois, First District, Fourth Division.

November 29, 2007.

*507 Paul Caghan, P.C., Chicago (Paul Caghan, of counsel), for Plaintiff-Appellant.

Tressler, Soderstrom, Maloney & Priess, LLP (Jennifer Jerit Johnson, John M. O'Driscoll, of counsel), Smith Amundson LLC (Michael Resis, of counsel), Stahl, Cowen, Crowley, LLC (Kevin R. Krantz, of counsel), all of Chicago, for Defendants-Appellees.

Presiding Justice NEVILLE delivered the opinion of the court:

The plaintiff, Fritz Redelmann, filed a complaint against the defendants, K.A. Steel Chemicals, Inc. (K.A. Steel), PVS Chemicals (Illinois), Inc. (PVS), Veliscol Chemical Corp. (Veliscol), and other defendants not parties to this appeal, based on negligence and product liability. In the complaint, Redelmann alleged that he was injured when he was exposed to hydrochloric acid (HCL) and other chemicals while working as a custodian, maintenance and repair worker. On May 5, 2006, the trial court granted K.A. Steel, PVS, and Veliscol's motion to dismiss the plaintiff's eighth amended complaint based on (1) the trial court's inherent authority; (2) Supreme Court Rule 219(c) (166 Ill.2d R. 219(c)); and (3) the doctrine of laches. On June 5, 2006, the plaintiff filed a motion for rehearing, for reconsideration and to vacate the trial court's May 5, 2006, order which the trial court denied on July 21, 2006. On appeal, plaintiff argues that the trial court and defense counsel committed misconduct that requires this court to vacate the May 5, 2006, order. For the reasons that follow, we affirm.

Background Facts

Redelmann was employed from May 1990 through May 1998 as a custodian, maintenance and repair worker with the Rolling Meadows Park District (Park District). In October 1998, plaintiff filed his initial complaint for injuries he allegedly sustained because of exposure to chemical products during his employment. Redelmann's theory of liability was based on his claim that, as a maintenance worker, he was repetitively exposed to hydrochloric acid and other chemicals while cleaning floors, repairing swimming pool equipment and performing other jobs which caused him to develop conditions including but not limited to neurobehavioral dysfunction, degenerative brain disease, and lung damage.

The eighth amended complaint was filed on June 12, 2003, and contains a separate count of negligence and a count of product *508 liability against Veliscol, PVS and K.A. Steel, each a distributor of HCL.

On July 1, 2003, Veliscol served a bill of particulars on the plaintiff. Veliscol demanded, in pertinent part, that the plaintiff provide particularized information to identify when, where and how the plaintiff was exposed to a product manufactured and sold by Veliscol.

On July 24, 2003, K.A. Steel filed a bill of particulars that demanded, in pertinent part, that the plaintiff specify the date and manner in which K.A. Steel sold HCL to resellers and end users and the Park District for use by the plaintiff and other employees. K.A. Steel also demanded that the plaintiff specify facts as to the date and manner that he was overexposed to HCL, sodium hydroxide and sodium hypochlorite. K.A. Steel further claimed in its bill of particulars that the negligence and product liability counts against it in the eighth amended complaint were so wanting in detail that K.A. Steel was unable to respond.

On July 10, 2003, PVS filed a bill of particulars and served it on the plaintiff. Because PVS claimed in its bill of particulars that the negligence and product liability counts directed at it in the eighth amended complaint are so wanting in detail that it could not respond to the complaint, PVS demanded that the "plaintiff identify the date and manner in which PVS Chemicals manufactured, distributed and sold HCL, sodium hydroxide and sodium hypochlorite to the Rolling Meadows Park District."

On October 23, 2003, K.A. Steel filed a motion styled "K.A. Steel Chemicals, Inc.'s motion to strike plaintiff's objections and plaintiff's motion to strike K.A. Steel Chemicals, Inc.'s demand for bill of particulars and K.A. Steel Chemicals, Inc.'s motion to compel plaintiff to respond to K.A. Steel Chemicals, Inc.'s bill of particulars."

On November 14, 2003, the plaintiff filed and served a bill of particulars on Veliscol. On November 17, 2003, the plaintiff filed and served a bill of particulars on K.A. Steel and PVS. According to the trial court, "plaintiff's bill of particulars consisted of one paragraph wherein plaintiff incorporated and re-alleged certain paragraphs of the testimony of Peter R. Roy contained in the plaintiff's amended answers to Rule 213(f)(3) interrogatories filed on November 17, 2003." Plaintiff also responded to both the bills of particulars and motions filed by K.A. Steel, PVS, and Veliscol that, when he filed his appeal on October 17, 2002,[1] and his interlocutory appeal on January 9, 2004,[2] jurisdiction transferred to this court and was divested from the trial court.

On December 23, 2003, PVS filed a motion to strike the plaintiff's bill of particulars and to have the trial court dismiss the eighth amended complaint. PVS acknowledged that the plaintiff had accused it of selling HCL and other sodium compounds to companies alleged in the wholesale and retail chain between it and the plaintiff. However, PVS sought dismissal because the "plaintiff fail[ed] to identify the dates or months or years this wrongful conduct of distribution took place to particular entities."

On February 6, 2004, the trial court struck the counts of the eighth amended complaint that alleged negligence and *509 product liability against Veliscol based upon inadequate answers to Veliscol's bill of particulars. The trial court found that the plaintiff's response to Veliscol's bill of particulars was "wholly inadequate and improper as it does not provide Veliscol with the particularized information requested." Therefore, the trial court granted Veliscol's motion to dismiss the allegations in the eighth amended complaint against the corporation. As to the argument that the trial court lacked jurisdiction to enter the February 6, 2004 order, the trial court found in its order that the information sought in Veliscol's bill of particulars had nothing to do with the conspiracy claims alleged by the plaintiff that were the subject of another appeal in this court. See Redelmann v. Claire-Sprayway, 375 Ill. App.3d 912, 314 Ill.Dec. 320, 874 N.E.2d 230 (2007). Accordingly, the trial court found that it had jurisdiction to rule on a motion that had nothing to do with the subject of any of the plaintiff's other appeals.

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Cite This Page — Counsel Stack

Bluebook (online)
879 N.E.2d 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redelmann-v-ka-steel-chemicals-inc-illappct-2007.