Willeford v. TOYS" R" US-DELAWARE, INC.

895 N.E.2d 83, 385 Ill. App. 3d 265
Appellate Court of Illinois·Decided September 16, 2008·No. 5-07-0201·Published·Cited by 14 cases

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

The plaintiff, Lela Willeford, was injured when an easel fell from a shelf and struck her at a Toys “R” Us store. The defendants are Toys “R” Us-Delaware, Inc., Toys “R” Us, Inc., and two managers at the Toys “R” Us store where the plaintiff was injured. The defendants filed a motion for a protective order, which addressed documents that were the subject of an order compelling discovery. When they refused to comply with the discovery order absent a protective order, the court granted the plaintiffs motion for sanctions and ordered the defendants to pay $1,000 and the plaintiffs reasonable attorney fees for services rendered after February 13, 2007. The defendants appeal both the sanctions order and the order denying their motion for a protective order. They argue that (1) the court erred in refusing to grant the protective order and (2) the sanctions should be vacated because it was a “friendly contempt” order, sought by the defendants as a good-faith way of testing the court’s pretrial discovery orders. We affirm.

On December 15, 2001, the plaintiff was injured when an easel fell on her from a shelf at one of the defendants’ stores. On March 12, 2003, she filed a petition alleging that the defendants negligently failed to (1) safely store, shelve, or retrieve the easel, (2) implement an adequate policy regarding the safe storage, shelving, stacking, placement, and retrieval of merchandise, and (3) provide adequate training and supervision of employees in safely storing, shelving, and retrieving merchandise.

The same day, the plaintiff served each corporate defendant with a set of interrogatories and a request for the production of documents. At issue in this appeal are interrogatory No. 3 and production requests No. 6 and No. 25. Interrogatory No. 3 asked as follows:

“Other than the instant action, has this Defendant been a party in the last ten (10) years to any type of litigation, or received notice of an alleged injury or other claim, in any manner involving or otherwise pertaining to a box, container, product[,] or any other merchandise or item falling[ ] or being dropped or pushed[ ] from overhead, from a shelf or other raised platform or surfaces on the premises of any of Defendant’s stores, and striking a customer, employee[,] or any other person?”

The plaintiff further requested the name, address, and telephone number of any party or claimant in any such action; the name, address, and telephone number of any attorney involved; and how each claim was resolved.

Production request No. 6 asked for the following: “Any and all documents *** relating to any investigation, study, evaluation, testing, or other form of inquiry conducted by or on behalf of this Defendant in any manner relating to the incidence of falling merchandise in any of its stores ***.” Production request No. 25 asked for the following: “Toys ‘R’ Us’ [sic] computer database listing all instances in which merchandise is alleged to have fallen onto and/or struck a person in any of Defendant’s stores for the last ten (10) years.”

The defendants’ response to these interrogatories and requests for production were due on May 13, 2003. The defendants did not respond until June 26. In their interrogatory response, the defendants objected to interrogatory No. 3 on the grounds that it was “overly broad and unduly burdensome in its scope” and also asked for “information that is irrelevant and immaterial to the instant action.” The defendants did, however, provide the name of one man who was involved in a falling-merchandise incident in the Fairview Heights Toys “R” Us store in 1997. The defendants stated that there was “no indication [that] there was an injury or any claim made.”

In their notice of compliance with the plaintiff’s request for production, the defendants objected to request No. 6 on the grounds that it was “overly broad and not limited in time and scope” and included “documents which are not related to the incident in question.” They objected to request No. 25 on the grounds that it was “overly broad and not limited in scope and irrelevant to the case at issue.”

On July 9, 2003, the plaintiff filed a motion to compel discovery. The defendants filed their response to the motion to compel on September 16. In it, the defendants raised the same objections they raised in their responses to the initial requests — they argued that interrogatory No. 3 and the two production requests were overly broad, unduly burdensome in scope, and not relevant.

On October 27, 2003, the court held a hearing in the matter. The record does not contain either a transcript or a bystander’s report of that hearing. The court granted the plaintiffs motion and ordered the defendants to supplement their prior discovery responses by providing information from “any databases available as to merchandise falling from shelves in its stores that struck any person.” The court gave the defendants 30 days to comply with its order, which meant that they were to provide the requested information by November 26, 2003.

On December 23, 2003, the court held a status hearing. By this time, the defendants had provided additional information pursuant to the October 27 order, but that information was limited to incidents involving falling display items (as opposed to overstock merchandise) which had occurred between 1996 and 2001. At the hearing, the defendants made an oral motion to reconsider and/or clarify the October 27 order. Again, the record does not contain either a transcript or a bystander’s report of the December 23 hearing. In a written order, the court denied the defendants’ motion and ordered the defendants to fully comply with the earlier order “as drafted.” The order also indicates that, during the hearing, the defendants expressed their intent to file a motion for a protective order. Specifically, the order states, “By agreement, Plaintiff will not disseminate any information or materials produced by Defendant until Defendant has had an opportunity to file and obtain a ruling upon a motion for a protective order, provided, however, that Defendant must file any such motion within 60 days.” (Emphasis added.) The order also provided that the defendants had 60 additional days to comply with the October 27 order. This gave them a deadline of February 21, 2004, both to comply fully with the discovery order and to file a motion for a protective order.

On March 19, 2004, nearly one month past the court’s deadline, the defendants filed a motion for a protective order. They argued, for the first time, that the order was “necessary to prevent the use and disclosure by parties or entities unrelated to this litigation of data, documents!],] and information produced by defendants.” The defendants did not elaborate on this allegation either by specifying what harm they believed would come to them if the order were not granted or by making any specific allegations with respect to the plaintiffs intentions to use the information improperly.

The motion remained pending for more than a year without a request for a hearing, as the parties engaged in further discovery. On April 14, 2005, the court held a hearing in the matter (the record is unclear regarding how the motion came to a hearing at this time).

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

Willeford v. TOYS" R" US-DELAWARE, INC., 895 N.E.2d 83, 385 Ill. App. 3d 265 (Ill. Ct. App. 2008).

895 N.E.2d 83 (Willeford v. TOYS" R" US-DELAWARE, INC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Mote v. Estate of McManus
2025 IL App (4th) 241307 (Appellate Court of Illinois, 2025)
Door Properties, LLC v. Nahlawi
2021 IL App (1st) 182568-U (Appellate Court of Illinois, 2021)
Burdess v. Cottrell, Inc.
2020 IL App (5th) 190279 (Appellate Court of Illinois, 2020)
Linder v. A.W. Chesterton Co.
2020 IL App (5th) 200101 (Appellate Court of Illinois, 2020)
In re Daveisha C.
2014 IL App (1st) 133870 (Appellate Court of Illinois, 2014)
In re Marriage of Levinson
2013 IL App (1st) 121696 (Appellate Court of Illinois, 2013)
Payne v. Hall
2013 IL App (1st) 113519 (Appellate Court of Illinois, 2013)
Forest Preserve District v. First National Bank
930 N.E.2d 477 (Appellate Court of Illinois, 2010)
People v. Kelly
921 N.E.2d 333 (Appellate Court of Illinois, 2009)