Thompson v. Gordon - Supplemental Filed 02/03/10

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0667 Rel

Case Date: 11/19/2009

Preview:Filed: 11-19-09 Supplemental Filed: 2-3-10 _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ CORINNE THOMPSON, Indiv. and as Independent Administrator of the Estate of Trevor Thompson, Deceased, and as Independent Administrator of the Estate of Amber Thompson, Deceased, ) Appeal from the Circuit Court ) of Lake County. ) ) ) ) Plaintiff-Appellant, ) ) v. ) No. 98--L--945 ) CHRISTIE GORDON; GRAND AVENUE ) PROPERTIES, INC.; GURNEE MILLS ) (MLP) LIMITED PARTNERSHIP, f/k/a ) Gurnee Mills Limited Partnership; GURNEE ) PROPERTIES ASSOCIATED LIMITED ) PARTNERSHIP; WESTERN ) DEVELOPMENT CORPORATION; ) THE MILLS CORPORATION; ) THE MILLS LIMITED PARTNERSHIP; ) GURNEE MILLS II LLC; and GURNEE ) MILLS LLC, ) ) Defendants ) ) Honorable (Jack E. Leisch and Associates, Inc.; and ) David M. Hall, CH2M Hill, Inc., Defendants-Appellees). ) Judge, Presiding. ______________________________________________________________________________ Modified Upon Denial of Rehearing JUSTICE O'MALLEY delivered the opinion of the court:1

No. 2--07--0667

1

This case was fully briefed and ready for disposition on December 19, 2007. The case was

No. 2--07--0667 Plaintiff, Corinne Thompson, both individually and as administrator of the estates of her husband, Trevor Thompson, and their daughter, Amber Thompson, appeals the trial court's order granting summary judgment on her claims against defendants, Jack E. Leisch and Associates, Inc., and CH2M Hill, Inc., the engineering companies that designed the bridge and traffic interchange in the area where Trevor and Amber were killed in a motor vehicle accident.2 For the reasons that follow, we reverse the judgment of the trial court and remand for further proceedings. In January 1991, defendants entered into a contract with WDC to design a roadway interchange and a replacement for a bridge deck in connection with a larger project WDC was overseeing, to construct a new shopping mall. In a contract attachment describing the scope of defendants' services for "Phase I, Stage A I-94/Grand Avenue interchange improvements," the contract stated that defendants would provide WDC the following services: "A. Roadway Design Final design and contract plan preparation for the Phase 1, Stage A I-94/Grand Avenue interchange improvements will be provided. The proposed roadway improvements are as described below:

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