Martin v. Keeley & Sons, Inc.
979 N.E.2d 22
Ill.2012Background
- On May 29, 2001, Keeley employees were installing a handrail on a Maxwell Creek bridge when a concrete I-beam collapsed injuring several workers.
- The day after the accident Keeley destroyed the concrete portion of the I-beam with a hydraulic hammer, while embeds were saved for Egyptian.
- IDOT and OSHA inspected the site; OSHA later issued citations noting the scaffold overloading and beam rolling.
- Plaintiffs asserted negligent spoliation against Keeley, and Egyptian and Henderson filed counterclaims also alleging spoliation.
- Circuit court granted summary judgment for Keeley; appellate court reversed; Illinois Supreme Court affirmed the circuit court and reversed the appellate court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to preserve: voluntary undertaking | Martin contends Keeley voluntarily undertook a duty to preserve the beam. | Keeley had no voluntary undertaking to preserve evidence. | No duty based on voluntary undertaking. |
| Duty to preserve: special circumstances | Keeley possessed the beam exclusively and was employer/potential litigant, creating special circumstances. | No special circumstances established a duty to preserve. | No special circumstances established a duty to preserve. |
Key Cases Cited
- Boyd v. Travelers Insurance Co., 166 Ill. 2d 188 (1995) (two-prong duty test; relationship and foreseeability)
- Miller v. Gupta, 174 Ill. 2d 120 (1996) (special circumstances hint to duty to preserve evidence)
- Dardeen v. Kuehling, 213 Ill. 2d 329 (2004) (no-duty principle; distinguishes Miller and Shimanovsky)
- Shimanovsky v. General Motors Corp., 181 Ill. 2d 112 (1998) (sanctions and duty to preserve; differs from spoliation context)
- Jackson v. Michael Reese Hospital & Medical Center, 294 Ill. App. 3d 1 (1997) (appellate view on voluntary undertaking evidence preservation)