Williams v. Country Mutual Insurance

328 N.E.2d 117, 28 Ill. App. 3d 274, 1975 Ill. App. LEXIS 2236
CourtAppellate Court of Illinois
DecidedApril 23, 1975
DocketNo. 60153
StatusPublished
Cited by24 cases

This text of 328 N.E.2d 117 (Williams v. Country Mutual Insurance) 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
Williams v. Country Mutual Insurance, 328 N.E.2d 117, 28 Ill. App. 3d 274, 1975 Ill. App. LEXIS 2236 (Ill. Ct. App. 1975).

Opinion

Mr. JUSTICE JOHNSON

delivered the opinion of the court:

Plaintiff was injured in an automobile accident which occurred on the grounds of Manteno State Hospital on March 31, 1971. She brought an action for declaratory judgment concerning her rights under a policy of automobile insurance issued by the defendant. The trial court found that the accident arose out of and in the course of the parties’ employment. Thus, plaintiff’s sole recourse was under the Workmen’s Compensation Act (Ill. Rev. Stat. 1971, ch. 48, § 138.1 et seq.), and there existed no coverage under the policy. In this appeal, plaintiff contends that the occurrence did not arise out of and in the course of employment.

The facts may be summarized as follows. Plaintiff, Monnie Williams, and her husband, Ross Williams, were both employed by Manteno State Hospital, which is located in Kankakee County and operated by the State of Illinois. Mrs. Williams worked in the hospital cafeteria and Mr. Williams was assigned to the barber shop. They both worked the same hours: from 8 A.M. to 4:30 P.M.

At the time of the accident, Mrs. Williams was a passenger in an automobile driven by her husband. After entering the hospital grounds, Mr. Williams waited in their automobile while Mrs. Williams went to the patients’ dining room in order to punch her time card. She then went back to the car, and they were proceeding towards the cafeteria, some 7% blocks away, when the accident occurred. Mr. Williams customarily drove his wife to the patients’ dining room where her time card was kept and then to the cafeteria where she worked. He would then drive to the barber shop which wás his place of employment.

Percell Faulkner was also an employee of Manteno State Hospital. At the time of the occurrence, Faulkner was on the hospital premises driving his car toward the laundry where he worked. The collision occurred as Faulkner’s , car was going west and the car driven by Mr. Williams, was going south. The time of the accident was about 7:45 A.M., which was approximately 15 minutes before Faulkner was scheduled to- begin his duties. It was stipulated by the parties that Faulkner was. uninsured at the time of the occurrence.

The accident occurred on a roadway about 200 feet inside the entrance to the hospital grounds. None of the roadways on the hospital premises have signs on them by street number or street name. The roadways go to and from the various buildings of the hospital complex and parking lots. They do not serve as connector streets between public areas outside the complex. According to Faulkner, the collision occurred about 30 feet from the parking lot entrance where he always parked his automobile. Mr. Williams usually parked his car alongside the barber shop.

Both vehicles were required by the hospital to have a Department of Mental Health sticker and to register with the hospital’s security office. The accident was investigated by security personnel from Manteno State Hospital.

After the accident, Monnie Williams, Ross Williams, and Percell. Faulkner filed claims with the Industrial Commission. Faulkner effected a settlement of his claim and entered into a lump sum settlement contract with the Industrial Commission. Monnie Williams received temporary benefits, pursuant to her application, and an application for permanent disability benefits was pending at the time of trial. Ross Williams’ application was also pending when the trial commenced.

After the proof and final arguments in the case were completed, the court found that tire acts of Percell Faulkner and Ross Williams arose out of and in the course of their employment at Manteno State Hospital. An order was then entered, declaring that no coverage was provided by the policy of insurance in controversy, that all three individuals involved were in the course and scope of their employment, and that the injuries, arose out of their employment. Plaintiff appeals from that order.

Under the terms of the automobile insurance policy issued by. the defendant to the plaintiff, “Coverage U” states that coverage is provided for bodily injury resulting from damage caused by an uninsured motorist. It is undisputed that Percell Faulkner at the time of the accident was uninsured. However, “Coverage U” further provides that coverage is extended only in instances where the insured or his representative has a legal right to recover, damages from the uninsured motorist. The Workmen’s Compensation Act (Ill. Rev. Stat, 1971, ch. 48, § 138.5(a)) preeludes a common law action by an employee against a co-employee if the parties are covered by the provisions of the Act or the injury arises out of and in the course of their employment. Chmelik v. Vana (1964), 31 Ill.2d 272, 274, 201 N.E.2d 434, 436; Rylander v. Chicago Short Line Ry. Co. (1959), 17 Ill.2d 618, 161 N.E.2d 812.

Defendant argues that, by virtue of the Act, a common law action cannot be maintained by plaintiff against Percell Faulkner, the uninsured motorist and fellow employee, because their acts were within the ambit of the statute and their injuries arose out of and in the course of their employment. Therefore, defendant submits, the exclusion in “Coverage IT’bars plaintiff from collecting any benefits under the insurance policy, and her remedies are limited to her rights under tire Act. Conversely, plaintiff contends that the facts of this occurrence would entitle her to maintain a common law action against Faulkner.

An injury “arises out of’ one’s employment if its origin is in some risk connected with or incidental to the employment so that there is a causal connection between the employment and the accidental injury. (Union Starch v. Industrial Com. (1974), 56 Ill.2d 272, 275, 307 N.E.2d 118, 120; Material Service Corp. v. Industrial Com. (1973), 53 Ill.2d 429, 292 N.E.2d 367; Chmelik v. Vana (1964), 31 Ill.2d 272, 201 N.E.2d 434.) The words “in the course of” relate to the time, place and circumstances under which the accident takes place — an injury occurring within the period of employment, at a place where the employee reasonably may be in the performance of his duties, and while fulfilling those duties or doing something incidental thereto. Union Starch v. Industrial Com. (1974), 56 Ill.2d 272, 275, 307 N.E.2d 118, 120; Wise v. Industrial Com. (1973), 54 Ill.2d 138, 295 N.E.2d 459.

It has long been recognized that a person is covered by the Act when going to and from work on the employer’s premises. (Mt. Olive and Staunton Coal Co. v. Industrial Com. (1934), 355 Ill. 222, 189 N.E. 296.) This rule was succinctly stated by the court in M & M Parking Co. v. Industrial Com. (1973), 55 Ill.2d 252, 257, 302 N.E.2d 265:

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Bluebook (online)
328 N.E.2d 117, 28 Ill. App. 3d 274, 1975 Ill. App. LEXIS 2236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-country-mutual-insurance-illappct-1975.