Martin v. Keeley & Sons

State: Illinois

Court: 5th District Appellate

Docket No: 5-10-0117 Official Reports

Case Date: 09/30/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Martin v. Keeley & Sons, Inc., 2011 IL App (5th) 100117

Appellate Court Caption

TERRY MARTIN, ARDITH WYNN, and RICKEY VANOVER, Plaintiffs-Appellants, v. KEELY & SONS, INC., Defendant-Appellee, and EGYPTIAN CONCRETE COMPANY and ALLEN HENDERSON & ASSOCIATES, INC., Defendants-Appellants.

District & No.

Fifth District Docket No. 5-10-0117 September 30, 2011 In an action for the injuries plaintiffs suffered when an I-beam on a bridge they were constructing collapsed and fell, the trial court erred in entering summary judgment for plaintiffs' employers on the spoliation of evidence claims made by plaintiffs, the fabricator of the I-beam and the designer of the beam, since a genuine issue of material fact existed as to whether a reasonable person should have foreseen that the I-beam was material to a potential civil action based on the incident.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of St. Clair County, No. 02-L-357; the Hon. Michael J. O'Malley, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Mark C. Scoggins and Anthony P. Gilbreth, both of Crowder & Scoggins, Ltd., of Columbia, for appellants Terry Martin, Rickey Vanover, and Ardith Wynn. Charles L. Joley and Kenneth M. Nussbaumer, both of Donovan, Rose, Nester & Joley, P.C., of Belleville, for appellant Egyptian Concrete Company. John L. McMullin and T. Michael Ward, both of Brown & James, P.C., of St. Louis, Missouri, for appellant Allen Henderson & Associates, Inc. Dayna L. Johnson and Russell K. Scott, both of Greensfelder, Hemker & Gale, P.C., of Swansea, Thomas Q. Keefe, Jr., of Thomas Q. Keefe, Jr., P.C., of Belleville, and Victor H. Essen II and Debbie S. Champion, both of Rynearson, Suess, Schnurbusch & Champion, L.L.C., of St. Louis, Missouri, for appellee Keeley & Sons, Inc. Devon C. Bruce, of Power Rogers & Smith, P.C., and Matthew S. Sims, of Steven J. Morton & Associates, both of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Panel

JUSTICE WEXSTTEN delivered the judgment of the court, with opinion. Presiding Justice Chapman concurred in the judgment and opinion. Justice Spomer dissented, with opinion.

OPINION

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