Rogers v. Matanda, Inc.

913 N.E.2d 15, 393 Ill. App. 3d 521
CourtAppellate Court of Illinois
DecidedMay 29, 2009
DocketNo. 3-07-0855
StatusPublished
Cited by10 cases

This text of 913 N.E.2d 15 (Rogers v. Matanda, 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
Rogers v. Matanda, Inc., 913 N.E.2d 15, 393 Ill. App. 3d 521 (Ill. Ct. App. 2009).

Opinions

JUSTICE SCHMIDT

delivered the opinion of the court:

Plaintiff, Paul Rogers, fell on property owned by defendant. He filed suit, alleging that defendant breached its duty to exercise reasonable care for the safety of invitee's to its property and that defendant breached its duty to provide a reasonably safe means of ingress and egress for the plaintiff, a business invitee. The circuit court of Warren County granted defendant’s motion for summary judgment. Plaintiff appeals. We affirm.

BACKGROUND

Plaintiffs first amended complaint alleged that defendant “owed a duty to Plaintiff to exercise ordinary care to see that the property was reasonably safe for the use of those lawfully on its property.” Plaintiffs second amended complaint alleged that defendant “owed a duty to Plaintiff to exercise ordinary care to provide a reasonably safe means of ingress and egress for its business invitees.”

In November 2005, plaintiff went to defendant’s property, the Bijou Pub in Monmouth, Illinois, to celebrate his twenty-first birthday. The Bijou Pub is located on Main street, which runs north and south and is lined with connected buildings. The bar faces west. The building connected to the bar to the north does not extend as far east as the Bijou Pub. Consequently, the rear of the building to the north is farther west than the rear of the bar.

Defendant also owns the building to the north. Plaintiff had not been to the bar before. Donald Trinite drove him. Plaintiff entered the bar without incident after dark. The record on appeal indicates that, while at the bar that evening, plaintiff ingested approximately 18 mixed drinks, many of which contained multiple shots of different distilled liquors and liqueurs. Plaintiff also recalls drinking from a pitcher of beer that evening. Not surprisingly, plaintiff recalls neither exiting the tavern nor falling.

Plaintiffs fellow celebrants testified during their depositions that they removed him from the bar through the rear exit after he became intoxicated. Plaintiff insisted on returning to continue drinking, but when his friends blocked him from reentering the bar through the rear door, he attempted to walk around the building. Donald Trinite stated that it was “hard to tell like whether [he] was trying to avoid us or whether he was trying to find some way to the front again or I don’t know.” Plaintiff attempted to travel around the northeast corner of the building to, the witnesses presume, the front entrance. Trinite testified that at no time did he have occasion to walk in the area where plaintiff fell.

The elevation of the ground at the rear of the Bijou Pub and that of the building to the north are different. Walking to the northeast from the rear of the bar, a person encounters a drop in elevation of several feet. Plaintiff suffered injuries when he fell in that area. It appears plaintiff fell from a retaining wall located to the right of the rear entrance to defendant’s property. Trinite testified that before plaintiff fell, he stood on what defendant describes as a retaining wall and held onto a pole standing in the area of higher elevation then “let go of the pole.” Anthony Bartoluzzi also testified that plaintiff had been “hanging on the pole and basically just took a step off.”

Bartoluzzi earlier entered the pub after dark through the rear entrance without incident. Daniel Krier testified that when plaintiff exited the vehicle and proceeded toward the bar in an apparent attempt to reenter, plaintiff “was running but he was still on his feet but he was very drunk and it wasn’t safe for him to be running.” After failing to reenter through the rear entrance, plaintiff ran to the right of the entrance. Krier testified that he believed “it was the sidewalk around the building.”

The rear of the Bijou Pub, including its rear parking lot, according to plaintiff, are lit only by beer signs hanging in its rear windows. Plaintiff’s witnesses testified in depositions that it was completely dark in the area where plaintiff fell.

Plaintiff alleged that defendant breached its duty to exercise reasonable care for the safety of its invitees because the lighting creates the illusion that the ground remains flat behind the Bijou Pub and defendant’s property to the north, defendant failed to barricade the property at the point in the change in elevation knowing that the lighting creates the illusion that the ground level is consistent, and defendant failed to warn plaintiff of the change in elevation while knowing that the lighting creates the illusion that the ground remains flat between the two properties.

Defendant filed a motion for summary judgment on the grounds that: (a) no evidence exists that the means of ingress and egress to its property are unsafe; (b) no evidence exists that a condition on the property was the proximate cause of plaintiffs injuries; (c) no evidence exists that defendant had actual or constructive knowledge of the allegedly dangerous condition of the property; (d) plaintiff’s injuries were not reasonably foreseeable; and (e) plaintiffs intoxication is an intervening cause of his injuries.

The circuit court of Warren County found, in pertinent part, as follows:

“[Biased on the facts, *** the area where the fall occurred is not within the area prescribed as a means of ingress and egress to the Bijou Pub. Accordingly, the [defendant had no duty to provide lighting, barricades, or warnings of the drop-off where the fall took place. Summary Judgment is granted as to the first basis raised by [defendant.”

ANALYSIS

On appeal, plaintiff argues the trial court: (1) erroneously resolved material questions of fact in granting summary judgment in favor of defendant on plaintiffs theory that defendant failed to provide a safe means of ingress and egress to its property; and (2) failed to address plaintiffs second theory of liability that defendant breached its duty to exercise reasonable care for the safety of invitees on its property independent of its duty to provide a means of safe ingress and egress.

“An order granting summary judgment is reviewed de novo. [Citation.] Summary judgment ‘shall be rendered *** if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’ 735 ILCS 5/2 — 1005(c) (West 2004). A trial court is required to construe the record against the moving party and may only grant summary judgment if the record shows that the movant’s right to relief is clear and free from doubt. [Citation.] If disputes as to material facts exist or if reasonable minds may differ with respect to the inferences from the evidence, summary judgment may not be granted. [Citation.]” Judge-Zeit v. General Parking Corp., 376 Ill. App. 3d 573, 578-79, 875 N.E.2d 1209, 1214 (2007).

Plaintiff first argues that defendant breached its duty to provide invitees a safe means of ingress and egress by failing to properly illuminate the northeast corner of its property where the change in elevation occurs.

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Rogers v. Matanda, Inc.
913 N.E.2d 15 (Appellate Court of Illinois, 2009)

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Bluebook (online)
913 N.E.2d 15, 393 Ill. App. 3d 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-matanda-inc-illappct-2009.