Thrall Car Manufacturing Co. v. Lindquist

495 N.E.2d 1132, 145 Ill. App. 3d 712, 99 Ill. Dec. 397, 1986 Ill. App. LEXIS 2529
CourtAppellate Court of Illinois
DecidedJune 18, 1986
Docket84-1866
StatusPublished
Cited by153 cases

This text of 495 N.E.2d 1132 (Thrall Car Manufacturing Co. v. Lindquist) 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
Thrall Car Manufacturing Co. v. Lindquist, 495 N.E.2d 1132, 145 Ill. App. 3d 712, 99 Ill. Dec. 397, 1986 Ill. App. LEXIS 2529 (Ill. Ct. App. 1986).

Opinion

JUSTICE McGILLICUDDY

delivered the opinion of the court:

On April 26, 1983, plaintiff, Thrall Car Manufacturing Co., filed a second amended six-count complaint seeking compensatory and punitive damages from defendants Charles Lindquist, Jack G. Bainbridge and Terrance L. Smith. 1 On October 5, 1983, the trial court granted plaintiff’s motion for summary judgment against Lindquist on counts I through III. On November 28, 1983, the remaining claims against Lindquist for punitive damages were dismissed pursuant to an agreed settlement between the plaintiff and Lindquist. This appeal is taken from a July 12, 1984, order of the trial court granting Smith’s and Bainbridge’s motion to dismiss counts III through VI of the complaint, denying plaintiff’s motion for partial summary judgment against Smith and Bainbridge, and denying plaintiff’s motion to vacate the November 28, 1983, agreed order of dismissal.

Lindquist was employed by the plaintiff and was covered under plaintiff’s collective-bargaining agreement with the union of which Lindquist was a member and the health benefit plan provided thereunder. The plan provided employees with accident and sickness benefits for non-work-related injuries. Plaintiff, however, had a right of reimbursement from employees covered under the plan for hospital, medical or surgical expenses received under any other insurance policy.

On August 23, 1980, Lindquist sustained injuries in a motorcycle accident. Lindquist retained as counsel defendants Smith and Bainbridge to pursue a personal injury claim against the driver of the car that struck his motorcycle. On September 29, 1980, Lindquist signed plaintiff’s reimbursement agreement. Pursuant to the health benefit plan, plaintiff paid $41,512.10 in medical expenses and lost wages.

Subsequent to the filing of the personal injury suit, Lindquist, his attorneys and the driver’s insurer, General Accident Insurance Co. of America, agreed to a settlement of $244,160. The settlement was allocated to pain, suffering and permanent injuries, and excluded medical expenses. Plaintiff’s six-count complaint was filed after Lindquist failed to reimburse it from the proceeds of the settlement agreement. On March 25, 1983, plaintiff filed a motion for summary judgment against Lindquist. On October 5, 1983, the trial court granted the motion for plaintiff and against Lindquist for compensatory damages of $41,512.10. The court made no finding with regard to punitive damages, but noted that it was granting the plaintiff’s motion because Lindquist had failed to support his pleadings with affidavits or other proof; thus, his assertion that he was taking medication and therefore not thinking clearly when he signed the reimbursement agreement was insufficient to raise a genuine issue of material fact. The court also stated that Lindquist had admitted he was a party to the health benefit plan, that he signed a reimbursement agreement with the plaintiff, and that the settlement was structured to exclude medical benefits because he was starting to go broke and believed he could thereby avoid reimbursing the plaintiff. On November 28, 1983, Lindquist tendered to plaintiff a check for $41,512.10 and an affidavit implicating defendants Smith and Bainbridge in the structuring of the settlement, and plaintiff stipulated to the dismissal of its claims against Lindquist for punitive damages. An agreed order of dismissal was entered on that date.

On March 31, 1984, Smith and Bainbridge filed motions to dismiss the counts of plaintiff’s second amended complaint directed against them (counts III through VI). On May 3, 1984, plaintiff filed a motion for partial summary judgment against Smith and Bainbridge on those counts, and a motion to vacate the November 28, 1983, order dismissing the claims against Lindquist and to reinstate the punitive damages claims against him. On July 12, 1984, the court granted Bainbridge’s and Smith’s motions to dismiss counts III through VI of the second amended complaint, denied plaintiff’s motion to vacate the order dismissing Lindquist and denied plaintiff’s motion for partial summary judgment against Smith and Bainbridge. This appeal followed.

On appeal, plaintiff contends that: (1) the trial court erred in dismissing counts III through VI of the second amended complaint based on its finding that Smith and Bainbridge owed no duty to the plaintiff; (2) the trial court erred as a matter of law in denying plaintiff’s motion for partial summary judgment against Smith and Bainbridge, and (3) the trial court erred in refusing to vacate its order dismissing Lindquist where the November 28,1983, dismissal was procured by fraud.

Plaintiff’s first contention on appeal is that the trial court erred in dismissing counts III through VI of the second amended complaint. Specifically, plaintiff takes exception to the court’s finding that defendants Smith and Bainbridge owed no duty to the plaintiff. A judgment will be affirmed if it is justified for any reason appearing in the record; the particular reasons given by the trial court, or his specific findings are not material if the judgment is correct. Keck v. Keck (1974), 56 Ill. 2d 508, 309 N.E.2d 217; Buchanan v. Lenz (1983), 115 Ill. App. 3d 722, 450 N.E.2d 1298, cert. denied (1984), 466 U.S. 905, 80 L. Ed. 2d 155, 104 S. Ct. 1680.

In reviewing an order of the trial court dismissing a complaint for failure to state a cause of action, the reviewing court must accept as true all well-pleaded facts in the complaint and all reasonable inferences flowing therefrom, and must determine whether, as a matter of law, the complaint states a cause of action. (Szajna v. General Motors Corp. (1985), 130 Ill. App. 3d 173, 474 N.E.2d 397.) A court is concerned only with the questions of law presented by the pleadings. (Fancil v. Q.S.E. Foods, Inc. (1975), 60 Ill. 2d 552, 554, 328 N.E.2d 538.) The standard of review for the allowance of a motion to dismiss is that a cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts could be proved which would entitle the plaintiff to recover. Ostendorf v. International Harvester Co. (1982), 89 Ill. 2d 273, 433 N.E.2d 253; People ex rel. Hartigan v. Maclean Hunter Publishing Corp. (1983), 119 Ill. App. 3d 1049, 457 N.E.2d 480.

We thus turn to an examination of the second amended complaint. Count III asserts a claim for relief predicated on fraud by Lindquist and Bainbridge.

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

Related

Villacampa v. Mungaho
2025 IL App (1st) 242214-U (Appellate Court of Illinois, 2025)
Arrowwood Indemnity Co. v. Thompson
2024 IL App (5th) 230876-U (Appellate Court of Illinois, 2024)
Wilmington Savings Fund Society, FSB v. Russell
2024 IL App (1st) 230022-U (Appellate Court of Illinois, 2024)
People v. Robinson
2024 IL App (2d) 240078-U (Appellate Court of Illinois, 2024)
People v. Jones
2024 IL App (2d) 240090-U (Appellate Court of Illinois, 2024)
People v. Salas-Pineda
2024 IL App (2d) 240017-U (Appellate Court of Illinois, 2024)
Owagboriaye v. Sen
2024 IL App (1st) 230735-U (Appellate Court of Illinois, 2024)
People v. Ponce
2024 IL App (2d) 230595-U (Appellate Court of Illinois, 2024)
People v. Gonzalez
2024 IL App (2d) 230593-U (Appellate Court of Illinois, 2024)
People v. Phillips
2024 IL App (2d) 230599-U (Appellate Court of Illinois, 2024)
People v. Jordan
2024 IL App (2d) 230532-U (Appellate Court of Illinois, 2024)
In re Estate of McMullan
2024 IL App (1st) 231578-U (Appellate Court of Illinois, 2024)
People v. Turner
2024 IL App (5th) 230961-U (Appellate Court of Illinois, 2024)
People v. Acosta
2024 IL App (2d) 230475 (Appellate Court of Illinois, 2024)
People v. Forthenberry
2024 IL App (5th) 231002 (Appellate Court of Illinois, 2024)
People v. Mohammad
2023 IL App (1st) 211302-U (Appellate Court of Illinois, 2023)
Leasing and Management v. Lasley
2023 IL App (1st) 220895-U (Appellate Court of Illinois, 2023)
In re Estate of Phillips
2023 IL App (1st) 200229-U (Appellate Court of Illinois, 2023)
Moscov v. Addo
2023 IL App (1st) 220619-U (Appellate Court of Illinois, 2023)
Ashlaur Construction Co. v. The Levy Company
2023 IL App (1st) 210795-U (Appellate Court of Illinois, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
495 N.E.2d 1132, 145 Ill. App. 3d 712, 99 Ill. Dec. 397, 1986 Ill. App. LEXIS 2529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thrall-car-manufacturing-co-v-lindquist-illappct-1986.