Rettig v. Heiser
2013 IL App (4th) 120985
Ill. App. Ct.2013Background
- Plaintiff Rettig sued Heiser and Moore for negligence after a vehicle collision on October 22, 2009 near the I-74/I-57 interchange.
- Moore, not a party on appeal, allegedly merged onto I-74 from I-57 and lost control, crossing lanes.
- Heiser swerved to avoid Moore after seeing Moore's car spin; his vehicle struck Rettig from behind while Rettig was attempting to avoid Moore.
- Weather was drizzly with wet roads; Rettig described traffic as heavy and visibility as standard; Rettig and Heiser were several car lengths apart when the danger appeared.
- Heiser moved for summary judgment, arguing he was not proximate cause; the trial court granted, finding no evidence of negligent conduct by Heiser.
- On appeal, Rettig contends the issue of rear-driver negligence is a jury question, Heiser failed to cite authority, and the emergency doctrine was improperly raised late; the court affirmed summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is rear-driver negligence a jury question as a matter of law? | Rettig: rear-end negligence facts should go to a jury. | Heiser: no facts show negligence; he acted to avoid an unavoidable head-on. | No genuine issue; summary judgment proper |
| Did Rettig require authority to support the summary-judgment motion? | Rettig: Heiser cited no authority. | Heiser: lack of citations does not defeat summary judgment here. | Argument rejected; authority not essential to denial/grant |
| Was the emergency doctrine properly raised in the reply brief? | Rettig: emergency defense not properly pleaded. | Heiser: not required to plead emergency doctrine; record lacks prima facie case. | Irrelevant to prima facie showing; not dispositive |
| Did the record create a triable issue on proximate cause? | Rettig: proximate cause exists for rear-driver negligence. | Heiser: accident circumstances show no breach and no proximate causation. | Proximate cause not shown; court affirmed summary judgment |
Key Cases Cited
- Kapsouris v. Rivera, 319 Ill. App. 3d 844 (2001) (rear-end causation questions for jury absent clear negligence)
- Abrams v. City of Mattoon, 148 Ill. App. 3d 657 (1986) (rear-end collision cases; caution on inference of negligence)
- Strasma v. Rager, 145 Ill. App. 3d 826 (1986) (proximate cause questions for jury; multiple-vehicle scenarios)
- Burgdorff v. International Business Machines Corp., 74 Ill. App. 3d 158 (1979) (rear-end liability not automatic; jury must determine reasonableness)
- Ford v. Round Barn True Value, Inc., 377 Ill. App. 3d 1109 (2007) (elements of negligence; duty and proximate cause reviewed for summary judgment)