Sarkissian v. Chicago Board of Education

719 N.E.2d 225, 308 Ill. App. 3d 137, 241 Ill. Dec. 364, 1999 Ill. App. LEXIS 702
CourtAppellate Court of Illinois
DecidedSeptember 30, 1999
Docket1-98-3061
StatusPublished
Cited by7 cases

This text of 719 N.E.2d 225 (Sarkissian v. Chicago Board of Education) 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
Sarkissian v. Chicago Board of Education, 719 N.E.2d 225, 308 Ill. App. 3d 137, 241 Ill. Dec. 364, 1999 Ill. App. LEXIS 702 (Ill. Ct. App. 1999).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

In January 1988, plaintiff Sam Sarkissian, as parent and guardian of Sonya Sarkissian, a minor, filed a personal injury action against defendant Chicago Board of Education (Board), delivered a summons and a copy of the complaint to the sheriff of Cook County, upon which the sheriff acknowledged service of summons. After the Board failed to file an appearance, plaintiff notified the Board, by certified mail, return receipt requested, that he would be seeking the entry of a default judgment. Subsequently, on three different and independent occasions, the trial court found the Board to be in default. The trial court then entered a default judgment against the Board in the amount of $10 million.

Plaintiff filed a petition to revive the $10 million default judgment in 1997. In response, the Board contested the entry of the judgment, asserting that the service of process for the underlying personal injury complaint in 1988 was defective. Plaintiff now appeals the trial court’s order vacating the default judgment as void for lack of jurisdiction based on defective service of summons upon the Board.

The primary and dispositive issue on appeal is whether the service of process on the Board in February 1988 was effectuated in accordance with the governing statute, i.e., section 2 — 211 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 211 (now 735 ILCS 5/2 — 211 (West 1998))). In the alternative, plaintiff asserts that the doctrine of equitable estoppel applies to the facts of this case and precludes the Board from contesting the service of process. We find that the service of summons and complaint was valid and, thus, need not address plaintiff’s alternative position based on equitable estoppel. Accordingly, we reverse the trial court’s order vacating the default judgment and remand the matter to the circuit court for consideration of plaintiffs petition to revive the default judgment.

On January 26, 1988, plaintiff filed a personal injury action against the Board. The complaint alleged that the minor, Sonya Sarkissian, was an eight-year-old student enrolled in special classes and on September 24, 1985, she suffered an epileptic seizure while attending school. Before the minor’s seizure, the Board was aware that the minor was an epileptic. The complaint further alleged that, at the time of the minor’s seizure, the Board failed to contact or provide proper medical authorities. The record further reveals that, as a result of her seizure, the minor suffered, brain damage and is now a quadriplegic.

On February 1, 1988, a deputy sheriff, Marvin Thomas, delivered a summons addressed to the Chicago Board of Education at 1819 West Pershing in Chicago, i.e., the Board’s corporate headquarters. The summons was given to and accepted by Yolanda Chavez, who was then working as the receptionist in the Board’s law department. The return of summons establishes that Thomas served the summons on February 1, 1988, to “M. Chavez.” The summons was then date stamped “Feb 03 1987 [sic]” (1988). In turn, the summons was routed to one of the Board’s assistant attorneys, John Wren.

Wren testified in his deposition that he reviewed the documents, determined that the matter involved a personal injury action, and wrote the words “personal injury” on the documents for the purpose of directing them to the law division’s workers’ compensation/personal injury division at 188 West Randolph. Wren forwarded the complaint on or about February 4, 1988. Wren recalled that in 1988, Robert Wilson was in charge of the workers’ compensation/personal injury division.

Wilson testified in his deposition that, after he reviewed the matter, he routed the documents (summons and complaint) to Martin Boyer Company (hereinafter Martin Boyer) by letter dated February 9, 1988. Martin Boyer was the Board’s third-party claims administrator and claims adjustor. Martin Boyer was in charge of the Board’s personal injury cases and was responsible for referring the cases to outside counsel for handling. Wilson testified that a daily pickup and delivery system existed from the 188 West Randolph office to Martin Boyer.

After the Board failed to file an appearance, plaintiff, on July 28, 1988, sent the Board notice of his motion that he would be seeking the entry of a default against the Board “as the [Board] was served on February 1, 1988, but has failed to appear or answer.” Plaintiff sent this notice via certified mail and the Board received it on July 29, 1988.

On three separate subsequent occasions, defendant was found in default. On August 29, 1988, the trial court (Judge Willard J. Lassers) granted plaintiffs motion to enter a default judgment against defendant, stating that defendant was served on February 1, 1988, but failed to appear or answer. Judge Lassers also ordered the matter for prove-up. On January 29, 1990, Judge Lester D. Foreman held defendant in default, finding that defendant failed to appear to answer the trial call. On March 27, 1990, Judge Angelo D. Mistretta entered an order holding defendant to be in default. Finally, on April 17, 1990, the trial court entered a default judgment against defendant in the amount of $10 million.

On August 25, 1997, plaintiff filed a petition to revive the default judgment entered on April 17, 1990. On September 2, 1997, defendant was served with summons in connection with the petition for revival of judgment. It is interesting to note that this summons was served in the same manner as the previous summons, i.e., not being served on the president or secretary of the Board but, rather, on a receptionist (June McBride). On October 1, 1997, defendant filed an appearance.

On November 5, 1997, defendant filed its motion to vacate the default judgment, which was the subject of plaintiffs revival petition, on the grounds that the service of process performed on February 1, 1988, was defective and did not comply with the statutory requirements of section 2 — 211. Based on its assertion that service was improper, defendant maintained that the trial court had lacked jurisdiction to enter a default judgment.

During the course of discovery, the depositions of 12 persons, including former and current officers and employees of the Board, were taken. The deponents and their respective positions in February 1988 were: (1) Frank Gardner, the president of the Board; (2) Patricia Whitten, the chief counsel of the Board; (3) John Wren, the first assistant attorney for the Board; (4) Thomas Corcoran, the secretary for the Board; (5) Norma L. Tsuhako, the assistant secretary for the Board; (6) Robert A. Wilson, an assistant attorney for the Board; and (7) Yolanda Chavez, the receptionist for the Board’s law department. Two former Board employees testified: Nancy Faulk, a former receptionist and clerical clerk in the law department, and Corkye Wills, a former office manager in the law department. Two deponents testified as to their separate investigations into the matter: William Morgan, a current assistant attorney for the Board and the successor of Wilson, and John Patton, an account manager at Martin Boyer. In addition, Marvin Thomas, the deputy sheriff who served the subject summons and complaint, testified.

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Related

Sarkissian v. Chicago Board of Education
Illinois Supreme Court, 2001
Mugavero v. Kenzler
739 N.E.2d 979 (Appellate Court of Illinois, 2000)

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719 N.E.2d 225, 308 Ill. App. 3d 137, 241 Ill. Dec. 364, 1999 Ill. App. LEXIS 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarkissian-v-chicago-board-of-education-illappct-1999.