Smalling v. LaSALLE NAT'L BK. OF CHICAGO

433 N.E.2d 713, 104 Ill. App. 3d 894, 60 Ill. Dec. 671, 1982 Ill. App. LEXIS 1585
CourtAppellate Court of Illinois
DecidedMarch 16, 1982
Docket17327
StatusPublished
Cited by27 cases

This text of 433 N.E.2d 713 (Smalling v. LaSALLE NAT'L BK. OF CHICAGO) 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
Smalling v. LaSALLE NAT'L BK. OF CHICAGO, 433 N.E.2d 713, 104 Ill. App. 3d 894, 60 Ill. Dec. 671, 1982 Ill. App. LEXIS 1585 (Ill. Ct. App. 1982).

Opinions

JUSTICE TRAPP

delivered the opinion of the court:

Plaintiff, Richard Smalling, appeals from an order of the circuit court of Champaign County granting the defendants’, LaSalle National Bank, Landau and Heyman, P.A. Bergner & Company, and Brown’s Sporting Goods, motions for summary judgment against plaintiff’s complaint alleging personal injuries from a fall on snow on defendants’ loading ramp.

On November 29, 1978, plaintiff filed a complaint for personal injuries against the defendants seeking recovery of medical expenses, lost wages, and other damages incurred as a result of a fall on a snow covered ramp at the Market Place Mall in Champaign, Illinois. An amended complaint, filed following defendants’ motion to dismiss, alleged that plaintiff had gone to the Market Place Mall to purchase a ping-pong table at defendants’ P.A. Bergner & Company or Brown’s Sporting Goods. Plaintiff alleged that the legal title to the premises in question was held by LaSalle National Bank, beneficial interest was held by Landau and Hey-man, and that all defendants were in joint control of the premises in question. Plaintiff stated that he had paid for the ping-pong table and was directed by an employee of P.A. Bergner or Brown’s Sporting Goods to drive to a loading dock at the rear of the store to pick up the table. Plaintiff went to the loading dock and was told that he could wait until another employee arrived to assist the clerk or he could help in loading the table. Plaintiff decided to assist the clerk, and as he was backing down the snow-covered ramp, estimated to be 50 feet long and 30 degrees, he fell in the snow sustaining injuries to his leg and knee. At a discovery deposition, plaintiff testified that at the time he went into the store it had begun to snow and that there was snow on the ground. Plaintiff also stated that while he was waiting for an ambulance to arrive after he fell, he heard an employee rebuke another employee for not clearing the snow from the ramp.

Plaintiff’s amended complaint alleged that defendants had breached one of the following duties owed to the plaintiff: (a) failed to remove or take steps to prevent the accumulation of ice and snow from said ramp or walkway, when they knew, or should have known, that customers would be using the same; (b) failed to warn plaintiff of the condition of said ramp or walkway when they knew, or should have known, of the dangers and unsafe conditions thereof; (c) permitted the said ramp or walkway to become covered with ice and snow when they knew, or should have known, it would be used by the public; (d) directed plaintiff to said ramp and requested him to use the same when they knew, or should have known, of its dangerous and unsafe conditions. Following the denial of defendants’, LaSalle National Bank and Landau and Heyman, motions to dismiss, all defendants filed a motion for summary judgment. On June 19, 1981, the trial court entered an order granting defendants’ motions for summary judgment, and it is from this order that plaintiff appeals.

Plaintiff argues that the trial court’s action in granting defendants’ motions for summary judgment was error, as material questions of fact existed regarding the condition of the ramp in question. Specifically, plaintiff contends that it was error to grant summary judgment because he was precluded from presenting evidence to show that the ramp had a defective condition or design which in combination with the snow resulted in the injuries. Despite these contentions, however, no allegation was made in plaintiff’s complaint that the ramp was unsafely designed or defective, and no affidavits or other evidence were introduced on this issue aside from plaintiff’s testimony that the ramp was 30 degrees in grade. If plaintiff had such evidence to present regarding the defective nature of the ramp, it was incumbent upon him to produce evidence of such defective design prior to the hearing on defendants’ motions for summary judgment to support his prima facie case. (Kimbrough v. Jewel Companies, Inc. (1981), 92 Ill. App. 3d 813, 819, 416 N.E.2d 328, 333.) Plaintiff’s contrary contention that other evidence would have been forthcoming is inconsistent with the summary purposes of a section 57 motion (Ill. Rev. Stat. 1979, ch. 110, par. 57) for summary judgment, and would, if allowed, result in a trial despite the fact that plaintiff’s theory of recovery and proof in support would be insufficient to sustain a jury verdict in his favor. Thus, eliminating this consideration from our review of whether summary judgment was proper, the question we must decide is whether, viewing the evidence contained in the pleadings and deposition in a light most favorable to plaintiff, no material question of fact exists and the defendants are entitled to a judgment as a matter of law. Erasmus v. Chicago Housing Authority (1980), 86 Ill. App. 3d 142, 407 N.E.2d 1031.

We first note that although several jurisdictions have imposed a more stringent duty on owners or occupiers of land with regard to the removal of natural accumulations of ice and snow (see Dawson v. Payless For Drugs (1967), 248 Or. 334, 433 P.2d 1019; Quinlivan v. Great Atlantic & Pacific Tea Co. (1975), 395 Mich. 244, 235 N.W.2d 732; Kremer v. Carr's Food Center, Inc. (Alas. 1969), 462 P.2d 747; King Soopers, Inc. v. Mitchell (1959), 140 Colo. 119, 342 P.2d 1006), the law in Illinois is well established that a landowner has no duty to remove or take other precautions against the dangers inherent in natural accumulations of snow and ice. See Riccitelli v. Sternfeld (1953), 1 Ill. 2d 133, 115 N.E.2d 288; Hankla v. Burger Chef Systems (1981), 93 Ill. App. 3d 909, 418 N.E.2d 35; Erasmus v. Chicago Housing Authority (1980), 86 Ill. App. 3d 142,407 N.E.2d 1031; McCann v. Bethesda Hospital (1979), 80 Ill. App. 3d 544, 400 N.E.2d 16; Bakeman v. Sears, Roebuck & Co. (1974), 16 Ill. App. 3d 1065, 307 N.E.2d 449; Greenwood v. Leu (1973), 14 Ill. App. 3d 11, 302 N.E.2d 359; Newcomm v. Jul (1971), 133 Ill. App. 2d 918, 273 N.E.2d 699; DeMario v. Sears Roebuck & Co. (1972), 6 Ill. App. 3d 46, 284 N.E.2d 330; Byrne v. Catholic Bishop of Chicago (1971), 131 Ill. App. 2d 356, 266 N.E.2d 708; Fitzsimons v. National Tea Co. (1961), 29 Ill. App. 2d 306, 173 N.E.2d 534.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Krywin v. Chicago Transit Authority
938 N.E.2d 440 (Illinois Supreme Court, 2010)
Emmett Clifford v. Crye-Leike Commercial, Inc.
Court of Appeals of Tennessee, 2006
Clifford v. Crye-Leike Commercial, Inc.
213 S.W.3d 849 (Court of Appeals of Tennessee, 2006)
Kellermann v. Cary City Chevrolet-Nissan, Inc.
Appellate Court of Illinois, 1999
Kellermann v. Car City Chevrolet-Nissan, Inc.
713 N.E.2d 1285 (Appellate Court of Illinois, 1999)
Ide v. City of Evanston
642 N.E.2d 755 (Appellate Court of Illinois, 1994)
Klikas v. Hanover Square Condominium Ass'n
608 N.E.2d 541 (Appellate Court of Illinois, 1992)
Holland v. Arthur Andersen & Co.
571 N.E.2d 777 (Appellate Court of Illinois, 1991)
Endsley v. Harrisburg Medical Center
568 N.E.2d 470 (Appellate Court of Illinois, 1991)
Branson v. R & L INVESTMENT, INC.
554 N.E.2d 624 (Appellate Court of Illinois, 1990)
Harrison v. Taylor
768 P.2d 1321 (Idaho Supreme Court, 1989)
Selby v. Danville Pepsi-Cola Bottling Co.
523 N.E.2d 697 (Appellate Court of Illinois, 1988)
Woods v. Prices Corner Shopping Center Merchants Ass'n
541 A.2d 574 (Superior Court of Delaware, 1988)
Batzek v. Betz
519 N.E.2d 87 (Appellate Court of Illinois, 1988)
Serritos v. Chicago Transit Authority
505 N.E.2d 1034 (Appellate Court of Illinois, 1987)
Thompson v. Tormike, Inc.
469 N.E.2d 453 (Appellate Court of Illinois, 1984)
Stiles v. Panorama Lanes, Inc.
438 N.E.2d 241 (Appellate Court of Illinois, 1982)
Chmieleski v. Venture Stores, Inc.
436 N.E.2d 4 (Appellate Court of Illinois, 1982)
Smalling v. LaSALLE NAT'L BK. OF CHICAGO
433 N.E.2d 713 (Appellate Court of Illinois, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
433 N.E.2d 713, 104 Ill. App. 3d 894, 60 Ill. Dec. 671, 1982 Ill. App. LEXIS 1585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smalling-v-lasalle-natl-bk-of-chicago-illappct-1982.