Simmons v. Reichardt
943 N.E.2d 752
Ill. App. Ct.2010Background
- In June 2003 Dawn Simmons was injured on a trampoline located in Nancy Reichardt's backyard; Nancy owned the trampoline and the property, where Greg Reichardt also resided with his daughter Haley.
- Matt Ryan rented a room in Nancy's home; Dawn had visited Greg at Nancy's home when the incident occurred.
- Dawn sued Nancy and Greg in May 2005 alleging (a) knowledge of loose springs and (b) failure to warn that two adults could cause the trampoline to contact the ground.
- Nancy and Greg moved for summary judgment in October 2007 under 735 ILCS 5/2-1005, arguing no duty to warn, no evidence of defect, and that Greg did not own the trampoline or the property.
- The trial court granted summary judgment for Nancy and Greg after a March 2009 hearing, with the court noting Greg was not owner and could not warn of any defects.
- Dawn moved to reconsider in June 2009, attaching Kimberly Gordon’s affidavit; the trial court denied reconsideration in January 2010; Nancy died before reconsideration, leaving Greg as the sole respondent on reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly granted summary judgment in Greg's favor. | Greg owned or had duty to warn; thus a genuine issue of material fact exists. | Greg was not the owner and owed no duty; Nancy owned the trampoline and property. | No error; Nancy owned trampoline and property; Greg had no duty. |
| Whether the denial of the motion to reconsider was reversible. | Kimberly Gordon's affidavit should have been considered to show ownership. | No reasonable justification for late disclosure; evidence not properly before court. | Denial affirmed; no abuse of discretion. |
Key Cases Cited
- Irwin Industrial Tool Co. v. Illinois Department of Revenue, 238 Ill.2d 332 (2010) (summary judgment standard and burden on movant)
- Atanus v. American Airlines, Inc., 403 Ill. App.3d 549 (2010) (de novo review of summary judgment)
- Evans v. Brown, 399 Ill.App.3d 238 (2010) (standard for reviewing summary judgment)
- Turner v. Northern Illinois Gas Co., 401 Ill.App.3d 698 (2010) (duty analysis in summary-judgment context)
- Brugger v. Joseph Academy, Inc., 202 Ill.2d 435 (2002) (summary-judgment review standard)
- Stringer v. Packaging Corp. of America, 351 Ill.App.3d 1135 (2004) (newly discovered evidence and reconsideration standards)
- Gardner v. Navistar International Transportation Corp., 213 Ill.App.3d 242 (1991) (timeliness and reasonableness in reconsideration)