Stackhouse v. Royce Realty and Management
970 N.E.2d 1224
Ill. App. Ct.2012Background
- Stackhouse injured when a cottonwood on Lakemoor golf course fell onto her on a path near cart paths on April 26, 2008.
- Plaintiffs sued Lakemoor Country Club, Inc. and Royce Realty for negligence; jury apportioned fault equally.
- Trial court denied defendants' motions for directed verdict and for judgment notwithstanding the verdict (n.o.v.); Royce appealed.
- Evidence showed a 2006 nearby tree had fallen due to rot; an arborist linked disease transmission between nearby trees and the 2008 tree.
- Royce argued no duty under traditional negligence; court found duty based on knowledge, proximity, and reasonable burden to inspect/remove.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed under traditional analysis | Stackhouse argues Royce owed duty due to knowledge of danger | Royce argues no duty to protect from natural condition | Duty found under traditional standard |
| Proximate cause of plaintiff’s injuries | Stackhouse contends breach caused the fall | Royce contends breach not proximate cause | Issue for jury; substantial evidence supported proximate cause by breach |
| Appellate jurisdiction/timing of appeal | Stackhouse contends no timely appeal | Royce filed timely posttrial motion and notice of appeal | Appellate jurisdiction proper; timely notice of appeal within 30 days of denial of written motion |
Key Cases Cited
- Burns v. Addison Golf Club, Inc., 161 Ill. App. 3d 127 (1987) (open/hidden natural condition duty analysis distinguished from Burns facts)
- Krywin v. Chicago Transit Authority, 238 Ill. 2d 215 (2010) (duty factors: foreseeability, likelihood, burden, consequences)
- Eckburg v. Presbytery of Blackhawk of the Presbyterian Church (USA), 396 Ill. App. 3d 164 (2009) (traditional analysis over urban/rural distinctions; notice and inspection questions for duty)
- Ortiz v. Jesus People, U.S.A., 405 Ill. App. 3d 967 (2010) (urban landowner duty to prevent injury to public sidewalk users)
- Belton v. Forest Preserve District, 407 Ill. App. 3d 409 (2011) (traditional analysis; duty to exercise reasonable care along roadways)
- Chandler v. Larson, 148 Ill. App. 3d 1032 (1986) (neighboring property tree roots damaged plaintiff’s garage; duty based on notice)
- Mahurin v. Lockhart, 71 Ill. App. 3d 691 (1979) (traditional landowner duty to prevent unreasonable risk to outsiders in urban areas)