Smith v. West Suburban Medical Center

SUPREME COURT CASES

Laws-info.com » Cases » Illinois » 1st District Appellate » 2010 » Smith v. West Suburban Medical Center

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-3636 Rel

Case Date: 01/21/2010

Preview:FOURTH DIVISION January 21, 2010

No. 1-08-3636

DOROTHY SMITH, Plaintiff, v. WEST SUBURBAN MEDICAL CENTER, Defendant and Third-Party Plaintiff-Appellee (Triton College Foundation, d/b/a Triton Community College, Defendant and ThirdParty Defendant-Appellant; Kilume Nkulu, Defendant).

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Appeal from the Circuit Court of Cook County No. 06 L 11238 Honorable Lynn Egan Judge Presiding.

PRESIDING JUSTICE O'MARA FROSSARD delivered the opinion of the court: This is an action based on ordinary negligence. Plaintiff, Dorothy Smith, filed a complaint against several defendants, including defendant/third-party plaintiff-appellee, West Suburban Medical Center (West Suburban), and defendant/third-party defendant-appellant, Triton College Foundation, d/b/a Triton Community College (Triton), alleging that she was injured when she fell off a stool in West Suburban's X-ray room. Smith's complaint contained allegations against defendant, Kilume Nkulu, a Triton student. West Suburban sought indemnification from Triton based upon a written agreement between the two parties that contained a dual indemnification

1-08-3636 clause, which provided that Triton would indemnify West Suburban for any losses it incurred arising out of the activities of Triton students. The circuit court granted West Suburban's motion for summary judgment. Triton now appeals. We affirm. I. BACKGROUND On November 18, 2005, plaintiff in the underlying complaint, Dorothy Smith, went to the emergency room at West Suburban, complaining of pain in her hands. Smith was escorted into the X-ray room by Nkulu, a Triton student participating in a clinical training program at West Suburban. Once she was in the X-ray room, Smith sat on a stool with wheels and subsequently fell off, allegedly incurring injuries. On October 25, 2006, Smith filed a two-count complaint against several defendants, including West Suburban Medical Center, Triton, and Nkulu. Count I of the complaint contained allegations of negligence against Nkulu, both individually and as an "employee" of Triton. In count II of the complaint, Smith asserted that Nkulu was an "apparent agent" of West Suburban and alleged that West Suburban was vicariously liable for Nkulu's alleged negligence. Specifically, Smith alleged that Nkulu breached his duty, and that he did, or failed to do, one or more of the following in a careless or negligent manner: "a. Directed [Smith] to sit on a chair with wheels and lean over the x-ray table; b. Failed to provide the [Smith] with an appropriate chair for the x-ray procedure; c. Failed to adequately and appropriately monitor the [Smith]; [and] d. Failed to warn [Smith] of the tendencies of the chair with wheels on it to tip over." Apart from seeking recovery from West Suburban under the theory of vicarious liability, Smith's

2

1-08-3636 complaint contained no other allegations of negligence against West Suburban. Pursuant to section 2

Download Smith v. West Suburban Medical Center.pdf