Powell v. Dean Foods Co.

Decision Date14 March 2014
Docket Number1–08–2554.,Nos. 1–08–2513,s. 1–08–2513
Citation379 Ill.Dec. 837,7 N.E.3d 675
PartiesTracey POWELL, Individually and as Special Administrator of the Estate of Adam McDonald, Deceased; George Kakidas, Individually and as Special Administrator of the Estate of Diana Kakidas, Deceased; and Alexander Chakonas, as Special Administrator of the Estate of Christina Chakonas, Deceased, Plaintiffs–Appellees, v. DEAN FOODS COMPANY, Alco of Wisconsin, Inc., and Jaime L. Reeves, Defendants–Appellants.
CourtUnited States Appellate Court of Illinois

7 N.E.3d 675
379 Ill.Dec.
837

Tracey POWELL, Individually and as Special Administrator of the Estate of Adam McDonald, Deceased; George Kakidas, Individually and as Special Administrator of the Estate of Diana Kakidas, Deceased; and Alexander Chakonas, as Special Administrator of the Estate of Christina Chakonas, Deceased, Plaintiffs–Appellees,
v.
DEAN FOODS COMPANY, Alco of Wisconsin, Inc., and Jaime L. Reeves, Defendants–Appellants.

Nos. 1–08–2513, 1–08–2554.

Appellate Court of Illinois,
First District, Fifth Division.

June 28, 2013.
Modified upon denial of rehearing March 14, 2014.


[7 N.E.3d 681]


James K. Horstman, Ronald L. Wisniewski, Cray Huber Horstman Heil & VanAusdal LLC, Chicago, for appellants Alco of Wisconsin, Inc., Alder Group, Inc., and Jaime L. Reeves.

Hugh C. Griffin, Stevie A. Starnes, Hall Prangle & Schoonveld, LLC, Chicago, for appellant Dean Food Company.


William J. Harte, Ltd. (William J. Harte, Joan M. Mannix, of counsel), Healy Law Firm (Martin J. Healy, Jr., David P. Huber, Dennis M. Lynch, of counsel), Chicago, for appellees Tracey Powell and George Kakidas.

Muldoon & Muldoon LLC (Michael K. Muldoon, John J. Muldoon III, of counsel), and Michael W. Rathsack, Chicago, for appellee Alexander Chakonas.

OPINION

Justice McBRIDE delivered the judgment of the court, with opinion.

¶ 1 In July 2002, Adam McDonald, Diana Kakidas and Christina Chakonas were tragically killed when a tractor-trailer driven by defendant Jaime L. Reeves struck their vehicle at an intersection in Wanatah, Indiana. Plaintiffs, Tracey Powell, individually and as special administrator of the estate of Adam McDonald, deceased; George Kakidas, individually and as special administrator of the estate of Diana Kakidas, deceased; and Alexander Chakonas, as special administrator of the estate of Christina Chakonas, deceased, filed wrongful death actions against defendants Reeves; Dean Foods Company (Dean Foods), the owner of the trailer; Alco of Wisconsin, Inc. (Alco), Reeves' employer; and Alder Group, Inc. (Alder), owner of the tractor. Following a trial, the jury returned a verdict in favor of plaintiffs, finding defendants jointly and severally liable, and awarded $8 million to the McDonald estate, $8 million to the Kakidas estate, and $7 million to the Chakonas estate. In a special interrogatory, the jury also found that Christina Chakonas was 40% contributorily negligent in causing the collision and reduced the award to the Chakonas estate accordingly to $4.2 million.

¶ 2 Defendants raise several issues on appeal: (1) the trial court erred in denying Alder's motion for a substitution of judge; (2) the trial court erred in denying their

[7 N.E.3d 682]

motions for judgment notwithstanding the verdict and a new trial because the sole proximate cause of the accident was Christina Chakonas driving into the right-of-way of Reeves' tractor-trailer; (3) the jury's allocation of only 40% of the causative fault to Christina Chakonas was against the manifest weight of the evidence; (4) the trial court abused its discretion by allowing evidence of defendants Reeves', Alco's and Alder's prior bad acts; (5) the trial court abused its discretion in giving the “careful habits” jury instruction (Illinois Pattern Jury Instructions, Civil, No. 10.08 (2006)) (hereinafter, IPI Civil (2006) No. 10.08) with respect to the conduct of Christina Chakonas; and (6) the amount of the monetary awards by the jury does not bear a reasonable relationship to the recoverable pecuniary damages proved at trial.

¶ 3 Dean Foods presents the following additional issues on appeal: (1) Dean Foods was entitled to judgment notwithstanding the verdict on plaintiffs' claims for agency and joint venture; (2) the claims against Dean Foods by plaintiffs Powell and Kakidas were barred by the statute of limitations; (3) the jury's finding that Reeves was acting as an agent and/or joint venturer of Dean Foods at the time of the accident is contrary to the manifest weight of the evidence; and (4) the trial court erred in failing to instruct the jury on the burden of proof applicable to plaintiffs' agency and joint venture claims.

¶ 4 We are reviewing this case for a second time following a remand by the Illinois Supreme Court. In a prior opinion, we considered defendants' argument that the trial court erred in denying Alder's motion for substitution of judge as a matter of right, and we agreed with defendants and vacated all orders subsequent to the improper denial and remanded for a new trial before a new trial judge. See Powell v. Dean Foods Co., 405 Ill.App.3d 354, 344 Ill.Dec. 901, 938 N.E.2d 170 (2010). The Illinois Supreme Court granted the petition for leave to appeal. Before the supreme court, plaintiffs filed a joint motion to dismiss Alder with prejudice. The supreme court granted the motion to dismiss and concluded that the remaining defendants, Reeves, Alco and Dean Foods, lacked standing to appeal the denial of Alder's motion for substitution of judge as a matter of right. The supreme court vacated our prior decision and remanded the case to this court to consider the remaining issues raised on appeal. Powell v. Dean Foods Co., 2012 IL 111714, 358 Ill.Dec. 333, 965 N.E.2d 404. Alder is no longer a party to this appeal.1

¶ 5 Before addressing the issues presented on appeal, we set out the relevant facts.

¶ 6 On July 6, 2002, Adam McDonald and Diana Kakidas were passengers in a 2002 Pontiac Grand Am automobile driven by Christina Chakonas. All three occupants of the Chakonas vehicle were killed when a tractor-trailer driven by defendant Jaime L. Reeves, hauling 80,000 pounds of Dean Foods milk product, collided with the Chakonas vehicle. The tractor-trailer collided with the Chakonas vehicle as the Chakonas vehicle crossed the eastbound lanes of traffic on Route 30, in the process of turning left into the westbound lanes of Route 30, at the intersection of Route 30 and Lincoln Street in Wanatah, Indiana.

¶ 7 Two actions were filed in the circuit court of Cook County as a result of the fatal collision. In December 2003, plaintiff

[7 N.E.3d 683]

Chakonas filed his original complaint which was assigned case No. 03 L 15077, and named Reeves; Alco, Inc.; Alco of Wisconsin, Inc., d/b/a/ Robert Alder & Sons; and Dean Foods as defendants.2 In July 2004, plaintiff Chakonas filed an amended complaint, naming Reeves; Alco, Inc.; Alco of Wisconsin, Inc.; Dean Foods; and Dean Illinois Dairies, LLC, as defendants.

¶ 8 Also in December 2003, plaintiffs Powell and Kakidas filed their original complaint, assigned case No. 03 L 16261, naming only Reeves and Dean Foods as defendants. In July 2004, plaintiffs Powell and Kakidas filed an amended complaint, naming Reeves; Alco of Wisconsin, Inc.; Alder Group; and Dean Illinois Dairies, LLC, as defendants. In August 2004, plaintiff Chakonas filed a motion to consolidate the Chakonas and Powell/Kakidas actions, which the trial court granted in September 2004. In October 2007, immediately prior to the start of the trial, plaintiffs Powell and Kakidas moved for leave to file a second amended complaint, naming Dean Illinois Dairies, LLC, Dean Foods, Alco, Alder and Reeves. The trial court granted the motion.

¶ 9 Jaime Reeves was called as an adverse party witness by plaintiffs Powell and Kakidas. Reeves testified that he was a full-time truck driver employed by Alco. Reeves stated that July 6, 2002, was a Saturday. His log showed that he finished work the previous day at 1 a.m. on July 6 and he had driven 347 miles. At 9 a.m. on July 6, Reeves drove from his house to a facility in Chemung, Illinois, which was approximately 45 miles away. Reeves then drove to Richland Center, Wisconsin, approximately 135 miles away. At the Richland Center facility, he “dropped the trailer and hooked to another one,” which took 15 minutes. He then drove back to Chemung. His next load was not known at that time and he was off duty from 3 p.m. to 7:45 p.m. He did not drive the truck during that period of time. His next destination was Rochester, Indiana, to which he was en route at the time of the accident.

¶ 10 Route 30 is a four-lane, divided highway. Reeves stated that the speed limit was 55 miles per hour until Wanatah, Indiana. He had driven this route many times in the past. Reeves stated that he did not recall his speed and could not remember if he used the cruise control. Reeves said he remembered seeing the signs prior to Wanatah, reducing the speed limit to 40 miles per hour. Reeves said he was not tired or fatigued at the time of the accident.

¶ 11 Reeves testified that the accident occurred between 10 and 10:30 p.m. His truck headlights and running lights were turned on. He stated that he slowed down as he approached Wanatah by taking his foot off of the accelerator and using the engine brake. He said he had to slow down gradually and not “slam” on the brakes because he was carrying a full load of milk in gallon jugs and that could make the truck “hard to control.” Reeves said he was driving east and the weather was dry and clear with slightly heavier traffic than normal. When asked to describe his speed as he approached the intersection where the accident occurred, Reeves stated that he was “slowing down with the flow of the traffic.” He was not watching his speedometer, but he estimated that he was traveling “between 40 and 45 [miles per hour].” He said that he told people at the scene of the accident the same speed estimate.

[7 N.E.3d 684]

¶ 12 Reeves described the circumstances of the accident as follows:

“As I was approaching Lincoln Street there was a pickup turning right onto Lincoln Street to head south. And there was a vehicle that pulled out right—right in front of me that was going to go west onto Route 30. And then—and then another vehicle just followed right out of nowhere like a deer. It came out of nowhere. It was there.”

¶ 13 Reeves testified that he “collided with the second vehicle.” He said he “was on the brakes and we...

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