Cholipski v. Bovis Lend Lease, Inc.
16 N.E.3d 345
Ill. App. Ct.2014Background
- Plaintiffs Richard Cholipski and wife sued defendants for injuries from April 2009 construction-site accident at the Chicago Mercantile Exchange.
- Tubing stored vertically on the tenth floor vault; plaintiff was injured when it fell on him.
- Defendants asserted a third-party contribution claim against plaintiff’s pain-management physician Dr. Candido and Advocate Physician Partners.
- Trial court granted leave to file the third-party claim but stayed it pending resolution of plaintiff’s negligence trial.
- Defendants appealed the stay under Rule 307(a)(1); appellate court initially stayed then affirmed the stay and remanded.
- Court addressed jurisdiction, discretion, Laue rule, and due-process arguments related to the stay and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under Rule 307(a)(1) to review stay | Challenged jurisdiction to hear stay appeal | Rule 307(a)(1) permits appeal of stay orders | Appellate court has jurisdiction |
| Whether stay of contribution claim was an abuse of discretion | Stay delays plaintiff’s negligence trial and harms defense | Stay necessary because the doctor’s claim could be dispositive | No abuse; stay proper middle path |
| Laue rule applicability to stay | Laue requires joint trial or immediate handling of contributions | Laue policy supports joint resolution; stay may be consistent | Laue does not mandate a joint trial; stay not improper |
| Due process and waiver | Stay infringes due process | Waived for purposes of appeal; invited-error doctrine applies |
Key Cases Cited
- Salsitz v. Kreiss, 198 Ill. 2d 1 (2001) (stay/arbitration appeal is injunctive under Rule 307(a)(1))
- Notaro v. Nor-Evan Corp., 98 Ill. 2d 268 (1983) (arbitration orders appealable as injunctive under Rule 307(a)(1))
- Marsh v. Illinois Racing Board, 179 Ill. 2d 488 (1997) (stay of administrative order is an injunction for purposes of appeal)
- Bohn Aluminum & Brass Co. v. Barker, 55 Ill. 2d 177 (1973) (stay/enjoin language interchangeable for appellate review)
- Aventine Renewable Energy, Inc. v. JP Morgan Securities, Inc., 406 Ill. App. 3d 757 (2010) (stay of court proceedings reviewable under Rule 307)
- Khan v. BDO Seidman, LLP, 2012 IL App (4th) 120359 (2012) (abuse of discretion standard for stays; dispositive effect considered)
- Hastings Mutual Insurance Co. v. Ultimate Backyard, LLC, 2012 IL App (1st) 101751 (2012) (preliminary injunction review standard; stay decisions)
- Cook v. General Electric Co., 146 Ill. 2d 548 (1992) (Laue policy on contribution claims and pending actions)
- Laue v. Leifheit, 105 Ill. 2d 191 (1984) (contribution must be asserted in pending action; joint-trial policy)
- Winter v. Henry Service Co., 143 Ill. 2d 289 (1991) (broad discretion in allowing third-party complaints)
- Ryan v. E.A.I. Construction Corp., 158 Ill. App. 3d 449 (1987) (severing medical malpractice claim is not abuse of discretion)
- Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997) (statutory amendment void; pre-amendment version controls)