Perez v. Sunbelt Rentals, Inc.
968 N.E.2d 1082
Ill. App. Ct.2012Background
- Perez, a painter on a construction site, fell from a scissor lift after the guard gate at the back was removed prior to his use.
- The guard gate is designed to prevent falls while allowing access to the lift.
- Perez sues multiple defendants, including JLG Industries, claiming strict liability and negligence.
- JLG moved for summary judgment arguing the gate removal was not reasonably foreseeable and thus not a proximate cause.
- The trial court granted summary judgment for JLG, and Perez appeals.
- The appellate court reverses and remands, finding a genuine issue of material fact as to foreseeability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the removal of the guard gate reasonably foreseeable? | Perez contends foreseeability exists. | JLG argues removal was unforeseeable as a matter of law. | Yes, genuine issue of material fact remains. |
Key Cases Cited
- Augenstine v. Dico Co., 135 Ill.App.3d 273 (1985) (foreseeability and strict liability require injury from a product defect existing when left control)
- DeArmond v. Hoover Ball & Bearing, Uniloy Division, 86 Ill.App.3d 1066 (1980) (modification foreseeability depends on ease of alteration and lack of special expertise)
- Davis v. Pak-Mor Manufacturing Co., 284 Ill. App. 3d 214 (1996) (alteration of safety devices; jury question if removal could be done without special expertise)
- Doran v. Pullman Standard Car Manufacturing Co., 45 Ill.App.3d 981 (1977) (causal connection broken only if acts of others were improbable or unforeseeable)
- Foster v. Devilbiss Co., 174 Ill.App.3d 359 (1988) (foreseeability limits liability for unforeseeable alterations)