Taylor v. Gerry's Ridgewood Inc.

490 N.E.2d 987, 141 Ill. App. 3d 780, 95 Ill. Dec. 895, 1986 Ill. App. LEXIS 1975
CourtAppellate Court of Illinois
DecidedMarch 11, 1986
Docket3-85-0401
StatusPublished
Cited by19 cases

This text of 490 N.E.2d 987 (Taylor v. Gerry's Ridgewood 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
Taylor v. Gerry's Ridgewood Inc., 490 N.E.2d 987, 141 Ill. App. 3d 780, 95 Ill. Dec. 895, 1986 Ill. App. LEXIS 1975 (Ill. Ct. App. 1986).

Opinion

JUSTICE HEIPLE

delivered the opinion of the court:

This is an appeal from a summary judgment entered by the circuit court of Will County in favor of the defendants. Lois M. Taylor, as special administrator of the estate of David E. Taylor, sued to recover damages for the shooting death of her husband. Counts V, X and XI of plaintiff’s amended complaint are before this court on appeal.

Count V of the complaint alleged negligence on the part of the defendant, Gerry’s Ridgewood Inc., d/b/a The Ridgewood Tavern (Ridgewood). Count X sounded in strict products liability against the defendants, Sturm, Ruger and Company (Ruger) and Larry Rinkenberger, individually and d/b/a Rink’s Gun and Sport (Rink’s). Count XI was a negligence claim against the count X defendants. The above-named defendants constitute the owner of the tavern at which the firearm was allegedly openly displayed, the firearm’s manufacturer and the retailer who sold thé firearm respectively.

On August 30, 1982, Donald Gossen purchased from defendant Rink’s a new Ruger Redhawk revolver. The firearm was a .44 magnum double-action revolver. Several days after purchasing the revolver, Gos-sen went to a nearby tavern, Ridgewood, where he joined Ronald Cercello and David Taylor. After he had been there about one hour, Gossen went to his car and returned with two concealed firearms, one of which was the .44 Ruger. Keeping the firearms below the bar level, Gossen displayed them to the people sitting around him. He had the guns out a couple of minutes and then put them back in his car.

Later that evening, David Taylor, Gossen, Cercello and three other people left the tavern for Cercello’s house. By this time, all three of the named parties had been drinking steadily for several hours. At Cercello’s house the parties sat around the kitchen table drinking beer. Gos-sen returned to his car and brought the loaded Ruger Redhawk revolver into the house. The testimony as to the ensuing events is somewhat contradictory. A game of Russian roulette began. At this time the revolver was allegedly not loaded. After a while, the revolver was placed on the table and the men talked. When Gossen was preparing to leave, he reloaded the revolver and announced that it was now loaded and that it should be left alone. Gossen then placed the Ruger Redhawk back on the table. Apparently, Ronald Cercello never heard Gossen’s announcement and admonishment. Wishing to continue the game, he picked up the revolver, pointed it directly at the head of David Taylor and pulled the trigger. The gun discharged and Taylor was killed.

Count V of the plaintiff’s amended complaint is a negligence action for the wrongful death of David Taylor. On appeal, the plaintiff argues that a material issue of fact existed as to whether the tavern owner, through its employees, breached a duty to the plaintiff. The plaintiff contends that because she presented a prima facie case against Ridge-wood, the trial court erred in granting the defendant’s motion for summary judgment. Without addressing the arguments presented by plaintiff’s brief on the issue of duty, we note that even if we were to find that Ridgewood had breached a duty, plaintiff did not establish a prima facie case.

One of the elements of negligence which must be proven by plaintiff to establish a prima facie case of negligence is proximate cause. (Smith v. General Paving Co. (1978), 58 Ill. App. 3d 336.) Before liability attaches, plaintiff must demonstrate that there is a nexus between the negligent act or omission and the injury suffered. McInturff v. Chicago Title & Trust Co. (1968), 102 Ill. App. 2d 39; Clinton v. Commonwealth Edison Co. (1976), 36 Ill. App. 3d 1064.

We find that as a matter of law that there is no causal relation between the act complained of, failure to call the police, and the injury for which recovery is sought. An examination of the facts surrounding the death of David Taylor reveals that the plaintiff has been pursuing a will o’ the wisp down a false trail of causation.

The time, manner and place of Taylor’s death are so remote as to preclude Ridgewood’s liability. The record indicates that Taylor died 2½ hours after leaving Ridgewood’s tavern. Death resulted from a gunshot wound to the head inflicted by the deliberate action of Ronald Cercello. We are at a loss to understand how the instant defendant’s alleged negligence could have been a substantial factor in causing Taylor’s death. Were we to suppose that if the police were called and if the offending weapon removed, then Russian roulette would not have occurred with one of Gossen’s other guns and then David Taylor would still be alive? Aware of the risk of restating the obvious, we conclude that the trial court properly granted Ridgewood’s motion for summary judgment.

Accordingly, we affirm the summary judgment against count V of plaintiff’s amended complaint.

Count X of the complaint is a strict liability claim. It is alleged that the double-action revolver was unreasonably dangerous. The difference between a double-action revolver and a single-action revolver is that a single-action revolver requires the hammer to be cocked manually before firing, whereas a double-action revolver can be fired by merely pulling the trigger. It is called “double-action” precisely because the act of pulling the trigger both cocks the gun and fires the cartridge. The plaintiff contends the .44 Ruger Redhawk revolver is defective because it lacks a mechanism to prevent unintentional discharge. In essence, it is asserted that two deliberate acts should be required before the revolver can be fired: the act necessary to disengage the safety and the act necessary to pull the trigger.

The Ruger Redhawk is equipped with a number of safety devices. The safety features incorporated into the revolver are equal to or exceed those available on other double-action revolvers currently commercially produced. They operate to ensure that only an act of volition will produce a discharge. In order to move the trigger sufficiently to produce a discharge, a shooter must deliberately insert his finger through the trigger guard and then pull the trigger through its entire double-action arc. This action requires more force and movement than a mere finger pull of a cocked single-action revolver. Thus, the trigger pull of the Ruger Redhawk also served as a safety mechanism. When the Ruger Redhawk is in the double-action mode, IOV2 pounds of force must be applied in order to cock the hammer and then cause the hammer to fall. Whereas, when the Ruger Redhawk is in the single-action mode the trigger is pulled through a shorter arc and only 43/4 pounds of force is required to cause the hammer to fall. This force must be proceeded by the separate force required to fully cock the hammer. To illustrate his testimony, plaintiff’s expert witness incorporated into the revolver a manual safety and an automatic safety. The expert opined that both devices were feasible alternatives which were available to the defendant when the revolver was manufactured. Initially, the plaintiff argues that once competent expert evidence has been produced attesting that the product is defective and a feasible alternative design demonstrated, the issues of causation and product defect are issues for the jury.

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

Related

Juan Suarez v. W.M. Barr & Company, Incorpora
842 F.3d 513 (Seventh Circuit, 2016)
Malen v. MTD Products, Inc.
628 F.3d 296 (Seventh Circuit, 2010)
Adames v. Sheahan
880 N.E.2d 559 (Appellate Court of Illinois, 2007)
Davis v. McCourt
226 F.3d 506 (Sixth Circuit, 2000)
Treadway v. Smith & Wesson Corp.
950 F. Supp. 1326 (E.D. Michigan, 1996)
Warner Fruehauf Trailer Co. v. Boston
654 A.2d 1272 (District of Columbia Court of Appeals, 1995)
Todd v. Societe BIC
991 F.2d 1334 (Seventh Circuit, 1993)
Werckenthein v. Bucher Petrochemical Co.
618 N.E.2d 902 (Appellate Court of Illinois, 1993)
Carrizales v. Rheem Manufacturing Co.
589 N.E.2d 569 (Appellate Court of Illinois, 1991)
Raines v. Colt Industries, Inc.
757 F. Supp. 819 (E.D. Michigan, 1991)
Durbin v. St. Louis Slag Products Co.
564 N.E.2d 242 (Appellate Court of Illinois, 1990)
Mealey v. Pittman
559 N.E.2d 1173 (Appellate Court of Illinois, 1990)
Puryear v. Tanfoglio Compania, S. p A.
19 Va. Cir. 213 (Richmond County Circuit Court, 1990)
Riley v. Physicians Weight Loss Centers, Inc.
548 N.E.2d 811 (Appellate Court of Illinois, 1989)
Dubak v. Burdette Tomlin Memorial
559 A.2d 424 (New Jersey Superior Court App Division, 1989)
Kokoyachuk v. Aeroquip Corp.
526 N.E.2d 607 (Appellate Court of Illinois, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
490 N.E.2d 987, 141 Ill. App. 3d 780, 95 Ill. Dec. 895, 1986 Ill. App. LEXIS 1975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-gerrys-ridgewood-inc-illappct-1986.