Engelland v. Clean Harbors Environmental Services, Inc.

State: Illinois

Court: 1st District Appellate

Docket No: 1-99-0788 Rel

Case Date: 03/09/2001

FIFTH DIVISION
March 9, 2001

No. 1-99-0788

PETER ENGELLAND and MARIBETH ENGELLAND,

Plaintiffs,

CLEAN HARBORS ENVIRONMENTAL SERVICES,
INC., a/k/a CLEAN HARBORS, INC.,

Defendant and
Third-Party Plaintiff-Appellant

(Waste Management of Illinois, Inc.,
d/b/a Waste Management of the South
Suburbs, and Waste Management, Inc.,

Third-Party Defendants-Appellees).

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Appeal from
the Circuit Court
of Cook County.

No. 94-L-11385

Honorable
Sophia H. Hall,
Judge Presiding.

JUSTICE THEIS delivered the opinion of the court:

Peter and Maribeth Engelland brought an action against Clean HarborsEnvironmental Services, Inc. (Clean Harbors), seeking to recover damages forinjuries Peter sustained when he inhaled toxic chlorine gas at Clean Harbors'waste disposal facility. Clean Harbors filed a third-party contribution actionunder a negligence theory against Peter's employer, Waste Management ofIllinois, Inc. (WMIL). Prior to trial, Clean Harbors settled with the Engellandsfor $9 million. Clean Harbors then proceeded with its contribution action andwas granted leave to amend its complaint to add Waste Management, Inc. (WMInc.), as an additional third-party defendant. WM Inc. and WMIL (hereinafterdefendants) brought motions for summary judgment on the negligence issue andalso renewed their affirmative defenses, which had previously been rejected. Thetrial court granted both defendants' motions, without stating the basis for itsdecision. Clean Harbors then filed a motion to reconsider, which was denied.Clean Harbors now appeals from the entry of summary judgment in favor ofdefendants. We affirm.

Clean Harbors raises five issues on appeal: (1) whether WM Inc. and WMILundertook, pursuant to company policy and the Occupational Safety and Health Act(OSHA) (29 U.S.C.