Wind v. Hy-Vee Food Stores, Inc.

650 N.E.2d 258, 208 Ill. Dec. 801, 272 Ill. App. 3d 149, 1995 Ill. App. LEXIS 340
CourtAppellate Court of Illinois
DecidedMay 10, 1995
Docket3-94-0631
StatusPublished
Cited by37 cases

This text of 650 N.E.2d 258 (Wind v. Hy-Vee Food Stores, 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
Wind v. Hy-Vee Food Stores, Inc., 650 N.E.2d 258, 208 Ill. Dec. 801, 272 Ill. App. 3d 149, 1995 Ill. App. LEXIS 340 (Ill. Ct. App. 1995).

Opinion

JUSTICE McCUSKEY

delivered the opinion of the court:

The plaintiffs, Paul and Violet Wind, brought this action to recover for injuries which occurred when Violet slipped and fell on a floor mat in a store owned by the defendant, Hy-Vee Food Stores, Inc. (Hy-Vee). The circuit court of Rock Island County instructed the jury on the burden of proof applicable when a condition on the defendant’s premises causes the plaintiff’s injury. The jury returned a verdict for Hy-Vee. The plaintiffs appeal, contending that the trial court should have instructed the jury to determine whether Hy-Vee’s acts or omissions caused Violet’s injuries. We agree. Therefore, we reverse and remand.

I. FACTS AND PROCEDURAL BACKGROUND

On the morning of November 23, 1991, the weather was snowy and wet in Rock Island. Consistent with its usual practice during inclement weather, Hy-Vee employees placed several floor mats near the main entrance of its Rock Island store before opening for business. The mats have rubber undersides and edges. They were placed at the entrance to prevent customers from tracking water into the store. Later that morning, the plaintiffs arrived at the store to shop. As they left the store, Violet was injured when she tripped on the edge of one of the mats and fell to the floor.

On May 14, 1993, the plaintiffs filed a two-count complaint against Hy-Vee. Count I sought damages for Violet’s injuries. Count II sought damages for Paul’s loss of Violet’s services and consortium. The complaint alleged in pertinent part:

"7. That as a direct and proximate result of the negligent failure in placing and maintaining the floor mat of the defendant, its agents, servants and employees, plaintiff tripped and fell with great force and violence onto the floor, thereby incurring severe and permanent injuries.
8. That the defendant, by its agents and employees was guilty of one or more of the following careless and negligent acts or omissions:
(a) Failed to warn invitees of the presence of the curled up floor mat, which was improperly maintained.
(b) Failed to keep the premises in a safe condition for the invitees thereon.
(c) Failed to timely repair or remove the defective floor mat when they knew or should have known of the danger to the invitee, such as the plaintiff.
9. That when conducting the activities and business on the defendant’s property, the defendant carelessly and negligently placed improperly maintained and defective mats on said premises, which caused the plaintiff to stumble and fall ***.”

The cause proceeded to trial on May 2, 1994. Paul testified that he complained to Hy-Vee employees about the condition of the floor mats on two or three occasions prior to the accident. Paul said that portions of the mats’ rubber edges were torn away on the occasions when he complained. He also said that the corners or edges of the mats were curled and raised away from the floor at times. He testified that he has never seen a mat fastened in any way to the floor at Hy-Vee’s store. Paul said that after he registered his complaints, he sometimes saw Hy-Vee employees shift or straighten the mats. He said the mat on which Violet fell was missing portions of its edges and was raised up from the floor. Paul observed that no tape was on the mat and nothing secured the mat to the floor.

Flossie Martin testified she saw one mat at the store with its edges curled up from the floor. After she witnessed several people stumble over the mat’s edges, she complained to a Hy-Vee employee. The mat was later removed. On several occasions prior to the accident, she saw mats which were wrinkled and buckled. Moreover, the mats often moved and shifted when people walked on them.

Violet testified she was walking normally throughout the store prior to the accident. When she stepped into the entrance, she looked down and saw her toe under one of the floor mats. She lost her balance as she tried to pull her foot from under the mat. She fell forward onto the floor, injuring her left knee.

Steven Quinn is an assistant manager for Hy-Vee. He said the mats were placed by the entrance when he arrived for work at about 5:30 or 6 a.m. The mats were fastened to the floor on all four sides with a clear strapping tape at that time. Quinn said that Hy-Vee has no written policy regarding the installation or maintenance of floor mats. He testified that managers are responsible for the placement of the mats and must also monitor their condition. He said that employees are instructed to keep the entrance area clean and clear of debris. Quinn said that worn-out or torn mats are regularly discarded.

Timothy Brusek is also an assistant manager for Hy-Vee. He was one of the supervisors on duty when Violet fell. He corroborated Quinn’s testimony that Hy-Vee lacks a written policy pertaining to floor mats. He said that floor maintenance depends on the needs of the particular store and is left to the managers’ discretion and judgment. Hy-Vee employees are instructed to contact a manager upon receiving complaints from customers. However, Brusek said he never received any complaints from customers about the mats, nor did any employees inform him of such complaints.

Brusek said that the mats were rolled up and stored when not in use. He said that when the mats are installed, sometimes the edges of the mats curl up due to being rolled and stored over time. On those occasions, the edges of the mats are usually fastened to the floor with tape.

On the day of the accident, Brusek saw the mats in the store’s entrance at about 7 a.m. The mats were lying flat to the floor at that time. Later that morning, he attended to Violet after her fall. At that time, Brusek noticed that an edge of the mat on which Violet fell was raised from the floor slightly. He could not remember whether the mat had been taped to the floor that day.

At the close of evidence, both parties tendered various jury instructions to the court. The plaintiffs contended at trial that Hy-Vee’s negligent placement and maintenance of the floor mats were activities conducted on Hy-Vee’s property. The plaintiffs argued that Hy-Vee’s acts or omissions were the proximate cause of their injuries. Therefore, they proposed an instruction explaining that a landowner must exercise reasonable care for the safety of persons lawfully on his property. (See Illinois Pattern Jury Instructions, Civil, No. 120.03.01 (3d ed. 1994) (hereinafter IPI Civil 3d).) The plaintiffs also offered an instruction setting forth the burden of proof applicable when the defendant’s acts or omissions are alleged to be the cause of the injuries. The instruction provides that the plaintiffs are required to prove the following elements: (1) the defendant acted or failed to act in a negligent manner; (2) the plaintiffs were injured; and (3) the defendant’s acts or omissions were the proximate cause of the plaintiffs’ injuries. See IPI Civil 3d No. B21.02.

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Cite This Page — Counsel Stack

Bluebook (online)
650 N.E.2d 258, 208 Ill. Dec. 801, 272 Ill. App. 3d 149, 1995 Ill. App. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wind-v-hy-vee-food-stores-inc-illappct-1995.