Bledsoe v. Dredge
State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-0606
Case Date: 06/04/1997
No. 3--96--0606
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D. 1997
_________________________________________________________________
LEONA BLEDSOE, ) Appeal from the Circuit Court
) of the 9th Judicial Circuit,
Plaintiff-Appellant, ) Knox County, Illinois
)
v. ) No. 94--L--59
)
ROBERT S. DREDGE, JOHN S. )
BOYDSTUN, WILLIAM L. KELLY, )
and CECIL R. COX, Individually )
as Partners Doing Business as )
HILL ARCADE BUILDING )
ASSOCIATES, and HILL ARCADE )
BUILDING ASSOCIATES, ) Honorable
) Harry C. Bulkeley,
Defendants-Appellees. ) Judge Presiding
_________________________________________________________________
JUSTICE HOMER delivered the opinion of the court:
_________________________________________________________________
Plaintiff, Leona Bledsoe, was a 59-year-old woman who fell
while entering the Hill Arcade Building in Galesburg. Plaintiff
filed a negligence action against defendants, owners of the
building. The trial court granted defendants' motion for summary
judgment. Plaintiff appeals. On appeal, we address the issue of
whether defendants were entitled to judgment as a matter of law.
FACTS
In her complaint, plaintiff alleges that defendants were
negligent because they failed to maintain the entryway to their
building in a safe condition. The Hill Arcade Building is a
privately-owned commercial building. The entryway is a large,
covered corridor open on the end extending to the outside of the
building. The record, which includes photographs, indicates that
the marble slab flooring of the entryway has a crack running
across it.
Plaintiff alleged that she suffered injury in a fall as a
result of the crack in the marble slabs. Plaintiff identified
the crack as the location where she fell but could not remember
which leg became caught or other specifics. Photographs and
deposition testimony in the record indicate that the crack was
approximately three-eighths of an inch in deviation.
Defendant Kelly stated that defendants knew for quite some
time about the crack in the entryway, perhaps since the time of
purchase in 1977. Kelly stated that defendants were concerned
about the crack for reasons of appearance, but no one had
complained of the crack and no one, to his knowledge, had
stumbled because of the crack. The trial court determined that
the defect was de minimus and granted summary judgment for the
defendants, citing in its order Hartung v. Maple Investment and
Development Corp., 243 Ill. App. 3d 811, 612 N.E.2d 885 (1993).
ANALYSIS
In addressing injury claims based on differences in
elevations of adjoining municipal sidewalk slabs, Illinois courts
have used the well-recognized de minimus rule. The rule states
that minor municipal sidewalk defects are generally not
actionable. Wagner v. City of Chicago, 72 Ill. 2d 100, 103-04,
378 N.E.2d 502, 503 (1978); Arvidson v. City of Elmhurst, 11 Ill.
2d 601, 604-05, 145 N.E.2d 105, 106-07 (1957). The de minimus
rule has developed out of the recognition that municipalities
should not have a duty to keep all sidewalks in perfect condition
at all times. Gleason v. City of Chicago, 190 Ill. App. 3d
1068, 1069, 547 N.E.2d 518, 519 (1989). The policy rationale for
the rule is that it is too extreme a burden to require a
municipality to inspect many miles of sidewalks and repair slight
irregularities. Birck v. City of Quincy, 241 Ill. App. 3d 119,
123, 608 N.E.2d 920, 923 (1993). Consequently, Illinois courts
have determined that certain sidewalk defects are so slight their
lack of actionability may be determined as a matter of law.
Warner v. City of Chicago, 72 Ill. 2d 100, 103-04, 378 N.E.2d
502, 503 (1978).
Application of the de minimus rule has recently been
extended by the Appellate Court, Second District to an outdoor,
privately owned sidewalk. In Hartung v. Maple Investment and
Development Corp., 243 Ill. App. 3d 811, 612 N.E.2d 885 (1993),
the plaintiff filed a negligence complaint alleging she tripped
on a raised portion of a sidewalk in a privately owned shopping
center. The plaintiff estimated that the deviation in the
sidewalk where she fell was one-half to three-quarters of an
inch. The defendants argued that such a small sidewalk deviation
is de minimus and as a matter of law cannot be the basis of a
negligence action. The plaintiff argued that the facts presented
a jury question and the de minimus rule should not apply to
situations where a sidewalk is privately owned. The court held
that the de minimus rule applies to private owners and possessors
of outdoor sidewalks as well as to municipalities. Hartung, 243
Ill. App. 3d at 815, 612 N.E.2d at 889.
The court reasoned that, like municipalities, owners of
shopping centers should not be required to maintain perfect
outdoor sidewalks because of the large area involved, and the
extreme and changeable weather conditions in Illinois. The court
noted that sidewalks are constructed in slabs for the very reason
that they must be allowed to expand and contract with changes in
temperature. Hartung, 243 Ill. App. 3d at 816, 612 N.E.2d at
889.
In contrast to the factual situation in Hartung, the case at
bar involves cracked marble slabs located in a partially enclosed
entryway. As the Hartung court observed, indoor flooring is not
exposed to the weather and can be more easily monitored for
defects. Hartung, 243 Ill. App. 3d at 816, 612 N.E.2d at 889.
In the instant case, the entryway is covered and exposed to the
weather only on one end. In addition, the entryway could be
easily monitored for defects and repaired. Such a covered
entryway is not an outdoor sidewalk within the contemplation of
the de minimus rule. Under such circumstances, as noted in
Hartung, courts are more inclined to find smaller defects in
flooring actionable. Hartung, 243 Ill. App. 3d at 816, 612
N.E.2d at 889.
In the instant case, the location of the defect is in an
entryway to a commercial building which contains shops and
businesses. These shops and businesses can be expected to draw
patrons using this entryway. In addition, the threshold of the
entryway is sloped near the alleged defect, creating a
potentially added danger. Also, as we have indicated, monitoring
an area such as this entryway is not a burden equivalent to
monitoring an expanse of sidewalks. Consequently, we decline to
extend the ruling of Hartung to the facts of this case.
In reviewing a motion for summary judgment, this court is
limited to the record in determining whether any genuine issue of
material fact exists and whether the moving party was entitled to
judgment as a matter of law. Bryant v. Glen Oaks Medical Center,
272 Ill. App. 3d 640, 649, 650 N.E.2d 622, 629 (1995). The
standard of review for a summary judgment is de novo. Andrews v.
Cramer, 256 Ill. App. 3d 766, 769, 629 N.E.2d 133, 135 (1993).
In this case, we find the circumstances presented a question for
the jury and that the defendants were not entitled to judgment as
a matter of law.
CONCLUSION
For the foregoing reasons, the judgment of the circuit court
of Knox County is reversed and the case is remanded for further
proceedings consistent with this order.
Reversed and remanded.
McCUSKEY, J., concurs and HOLDRIDGE, J., dissents [dissent
to follow].
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