Rivas v. Westfield Homes of Illinois, Inc.
State: Illinois
Court: 2nd District Appellate
Docket No: 2-97-0545
Case Date: 03/31/1998
No. 2--97--0545
________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
GIL RIVAS and JO ANN RIVAS, ) Appeal from the Circuit Court
) of Lake County.
Plaintiffs-Appellants, )
)
v. ) No. 95L1452
)
WESTFIELD HOMES OF ILLINOIS, )
INC., )
)
Defendants-Appellees )
)
(Edward Hamming, Indiv. and as )
an Employee of Saint Therese )
Medical Center; and Saint ) Honorable
Therese Medical Center, ) Bernard E. Drew,
Defendants). ) Judge, Presiding.
________________________________________________________________
JUSTICE COLWELL delivered the opinion of the court:
The plaintiffs, Gil Rivas and Jo Ann Rivas, filed a complaint
against the defendant Westfield Homes of Illinois, Inc.
(Westfield), alleging that Westfield breached a duty of reasonable
care that proximately caused an injury to Mr. Rivas s ankle. The
trial court determined as a matter of law that Westfield did not
owe the plaintiffs a duty of care. Accordingly, it granted the
defendant s motion for summary judgment, from which the plaintiffs
now appeal. We affirm.
The record shows that the plaintiffs entered into a contract
with Westfield for the construction of a new home in Gurnee,
Illinois. Throughout the course of the construction, the
plaintiffs visited the construction site to inspect the progress of
the house. Some of these visits were arranged through a Westfield
representative to discuss certain aspects of the construction,
while, on some occasions, the plaintiffs visited the site on their
own. The parties dispute whether the plaintiffs were permitted to
visit their future home during construction without an appointment.
On Friday, September 3, 1993, the plaintiffs visited the site
to meet Tom Lawler, the Westfield superintendent, for a pre-
drywall inspection. Mr. Rivas testified in a deposition that he
did not see any drywall on the premises on that date. Mr. Rivas
stated that he spent an hour or two on the site and talked with
Lawler about several items, including the light fixtures in the
dining room. Mr. Rivas said that Lawler answered all his questions
satisfactorily. Whether Mr. Rivas would be visiting the site the
following week, when the drywall was to be installed, was not
discussed. Rivas testified, however, that he understood that the
installation of the drywall would begin the following week.
On Saturday, September 4, the day after Mr. Rivas s visit with
Lawler, Mr. Rivas visited the construction site with his wife. Mr.
Rivas testified that he did not inform anyone at Westfield that he
was making the visit. No one from Westfield was at the site. Mr.
Rivas stated that he and his wife went to the house to make sure
that there were not any other issues with the house before the
drywall was installed.
Mr. Rivas said that, after looking at the house, he and his
wife began cleaning up some of the construction debris. He also
spoke with a neighbor. Mr. Rivas stated that, unlike on Friday, he
noticed drywall on the site on Saturday. Mr. Rivas added that the
drywall was in virtually every room and that it was on its side
stacked at an angle up against the walls.
Mr. Rivas testified that, after a couple of hours on the site,
he and his wife entered the living room. Mr. Rivas stated that he
and his wife started looking at the insulation around the window
frames of the house. Near one window was a stack of drywall that
leaned against the wall. The drywall was approximately
Illinois Law
Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
> Minimum Wage in Illinois
Illinois Agencies