Rendleman v. A B A Building Maintenance, Inc.

583 N.E.2d 703, 222 Ill. App. 3d 367, 164 Ill. Dec. 787, 1991 Ill. App. LEXIS 2117
CourtAppellate Court of Illinois
DecidedDecember 18, 1991
DocketNo. 5—90—0632
StatusPublished
Cited by5 cases

This text of 583 N.E.2d 703 (Rendleman v. A B A Building Maintenance, 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
Rendleman v. A B A Building Maintenance, Inc., 583 N.E.2d 703, 222 Ill. App. 3d 367, 164 Ill. Dec. 787, 1991 Ill. App. LEXIS 2117 (Ill. Ct. App. 1991).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

John Rendleman filed a cause of action against ABA Building Maintenance (A B A) for personal injuries he sustained when he slipped and fell at the National Super Market (National) where he was employed to stock shelves. ABA filed a third-party action against National, and the case proceeded to trial. At the close of all of the evidence, the trial court directed a verdict in favor of National on the third-party claim against it. The jury returned a verdict for Rendleman against A B A in the sum of $97,105.50. Following A B A’a post-trial motion, the judgment was reduced by a remittitur in the sum of $809.79. ABA appeals.

Rendleman alleged that ABA negligently and carelessly: (1) applied wax to the floors; (2) failed to warn National employees that wax had been applied; and (3) failed to provide adequate lighting so that National employees could see that wax had been applied. A B A’s third-party action against National alleged that National contributed to Rendleman’s injuries by negligently and carelessly: (1) failing to warn National employees that wax had been applied to the floors; and (2) failing to provide adequate lighting so that National employees could see that wax had been applied.

Rendleman testified that he was employed at National as a stocker and that his duties required him to put misplaced merchandise in the proper location. Rendleman worked primarily at night and testified that he observed ABA employees working at night as well. ABA employees never used floor warning cones when waxing or mopping the store’s floor, even though such cones were kept with the cleaning supplies and were available to the workers. Rendleman explained that there was no coordination between National employees and ABA employees as to where the latter were working in the store at any given time and that it was his practice to simply avoid areas where ABA employees were working.

Rendleman also testified that every other row of lights was on, which provided enough lighting for him to do his job. The aisles of merchandise at the store run from front to back, and the rows of fluorescent lights run perpendicular to the aisles. Rendleman had no control over the way the- store was lighted while he worked, and he believed that National’s management personnel had responsibility for controlling the lighting. Although he had never previously complained about the lighting, he testified that he could have determined whether the floor was wet or dry had there been adequate lighting.

On the night of the incident Rendleman was stocking shelves when he came across a misplaced jar of pickles. At that time he did not know where the employees from ABA were working. Rendleman heard no noise and saw no warning cones. Rendleman started to enter aisle five to shelve the pickles when he slipped and fell on the wet floor. He testified that he had no prior indication that the floor was wet. When he fell, the jar of pickles broke and he cut his hand. Rendleman stood up and found that he had wax on his pants, shirt and shoes. He was taken to the hospital and as a result of his injuries missed work for 21 weeks.

Pamela Helton testified that she was the bakery manager at the National store where plaintiff worked. She was working on the night of the incident when she heard Rendleman yell, “I cut myself; Call an ambulance.” Helton saw Rendleman walking towards her clutching his right hand with his left hand. She did not notice whether there were warning cones in the area. Helton also testified that she did not remember any differences in the store lighting from the lighting that is normally utilized during the day when she usually works.

Joyce Maher, the owner of A B A, testified that on the night of the incident ABA employees Lamont Vincent, Marcus Humphrey and Ken Sanders were at the National store. Vincent was the supervisor, and it was his job to coordinate A B A’s work with National’s head stock clerk. Vincent was supposed to advise the National employees “where they would be so we could get into the other aisles of the store.” Maher testified that part of A B A’a agreement with National was for A B A to make sure that there were warning cones on either end of the recently waxed areas.

The head stock clerk for National, Gregory Jones, testified that he was not aware of any nightly procedure which required National employees and ABA employees to coordinate their work. The normal routine was for A B A employees to stay out of the aisles where National employees were working. Jones could not remember whether warning cones were used that night. He testified that the lighting in the store is dimmed at night but that this does not cause any problem with a person’s ability to see whether a floor is waxed. No one ever complained to Jones about not being able to see because of the lighting conditions.

Ken Sanders testified that he was working for A B A at the National store on the night of the incident. Sanders and two other ABA employees were waxing floors. There were orange warning cones on each end of the aisles where they were waxing. Sanders testified that a burnisher, used in waxing the floors, was used about 10 minutes prior to the accident in the aisle where Rendleman fell. The burnisher is loud and when in use can be heard throughout the store. Just prior to Rendleman’s fall Sanders told him, “The aisle is still wet, can you wait until it dries?” Rendleman told him, “I can make it.” Sanders testified that Rendleman walked past the cones, slipped and fell. On cross-examination, Sanders testified that Marcus told him there were only two warning cones available for use that night, even though ABA employees were working in various aisles. Sanders did not know where any of the National employees were working when Rendleman fell and was unaware of any rule that ABA employees were to coordinate their work with the National employees.

Rendleman testified in rebuttal that he did not hear the burnisher before his fall. He denied that there were any warning cones at the end of the aisle where he fell, and he further denied that Sanders was anywhere near the area where he was at the time he fell.

The first issue on appeal is whether the trial court erred in directing a verdict for National on A B A’s third-party action.

In determining whether a verdict should be directed, the court must determine that the evidence, when viewed in its aspect most favorable to the opponent, so overwhelmingly favors the movant that no contrary verdict based on that evidence could ever stand. (Ward v. K mart Corp. (1990), 136 Ill. 2d 132, 139-40, 554 N.E.2d 223, 226, citing Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 510, 229 N.E.2d 504, 510; see also Darnell v. Impact Industries, Inc. (1984), 105 Ill. 2d 158, 473 N.E.2d 935.) To prevail on its theory that National was negligent, ABA had to prove that National owed a duty, that the duty was breached, that Rendleman suffered damages, and that National’s breach of the duty was a proximate cause of Rendleman’s damages. See Windeguth v. National Super Markets, Inc. (1990), 201 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
583 N.E.2d 703, 222 Ill. App. 3d 367, 164 Ill. Dec. 787, 1991 Ill. App. LEXIS 2117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rendleman-v-a-b-a-building-maintenance-inc-illappct-1991.