Chambers v. Palaggi
| Decision Date | 20 October 1967 |
| Docket Number | Gen. Nos. 51867,51285 |
| Citation | 232 N.E.2d 69,88 Ill.App.2d 221 |
| Parties | Greig J. CHAMBERS, Plaintiff-Appellee, v. James PALAGGI, Anthony Calace, and City of Chicago, a Municipal Corporation, Defendants. Appeal of CITY OF CHICAGO, a Municipal Corporation. |
| Court | United States Appellate Court of Illinois |
Raymond F. Simon, Corp. Counsel, Chicago, Sidney R. Drebin, Marvin E. Aspen, Ronald S. Cope, Asst. Corp. Counsel, of counsel, for appellant.
Miller, Gorham, Wescott & Adams, Chicago, John F. Arnold, Chicago, of counsel, for appellee.
Greig J. Chambers, a minor, by his next friend, brought an action against the City of Chicago and two individual defendants, James Palaggi and Anthony Calace, for personal injuries occasioned by the alleged negligence of the defendants in the operation of a truck. In accordance with a jury verdict, a judgment was entered against defendants for $30,000. The court denied the City's post trial motion for a judgment notwithstanding the verdict, and in the alternative, a new trial. The City appeals.
The City's post trial motion was denied on December 2, 1965. Notice of Appeal was not filed until January 6, 1966. Thus, the Notice of Appeal was filed within sixty (60) days after the judgment became final. As a precautionary step the City also filed a Petition For Leave To Appeal (on November 30, 1966). There is no dispute about the right of the City to prosecute its appeal. In order to avoid confusion we have consolidated the Appeal and the Petition For Leave To Appeal. The title of the case has been changed to reflect the fact that plaintiff has reached his majority.
On September 26, 1957, plaintiff, who was thirteen years of age, emerged from behind a standing automobile at the intersection of Peoria Street, 88th Street and Vincennes Avenue, in Chicago. He was injured by a truck driven by Anthony Calace. The truck driver said the boy came from behind a standing automobile and was on top of him before he knew it. The boy said he first saw the truck when it was 47 feet away and he froze. There was a conflict of testimony as to whether he was walking or riding a bicycle. Admittedly, the boy could not see over the standing automobile while he was behind it.
The truck was owned by James Palaggi, who had entered into a truck rental agreement with the City, wherein he agreed to provide a truck service including a competent driver and his pay, all fuel, grease, oil, maintenance, repairs, licenses, permits, insurance, or other items of expense or equipment necessary to render a complete trucking service. In June 1957 Palaggi hired Calace to drive the truck. Palaggi provided his own gas and oil; the truck was repaired at private garages; Palaggi paid Calace to drive the truck; and Palaggi instructed Calace to park the truck near Calace's home after finishing the job for the day. Palaggi testified that if the truck did not function he would have to provide a different truck. The truck was loaded by the City's laborers and Calace would drive it to where the City's foreman directed him, but he could take any route he wanted and no one from the City supervised his driving of the truck. Calace had delivered materials and tools to two locations the day of the occurrence, 102nd and Racine and 95th and Western. He picked up the load in the morning at 75th and Western, the City Yard. At the time of the mishap he was returning home from the job at 95th and Vincennes Avenue.
The contract between Palaggi and the City, which was introduced into evidence over the City's objection, required that Palaggi maintain public liability and property damage insurance. Plaintiff, over the City's objection, was allowed to show the jury that the contract required Palaggi to maintain insurance. He was also permitted, over objection, to elicit testimony that the insurance had been canceled prior to the occurrence and to introduce the notice of cancellation. Palaggi did not inform the City that the insurance had been canceled. The insurance was in effect at the time the rental agreement was made with the City. Plaintiff's counsel was permitted to argue to the jury that the failure to maintain insurance was a factor in determining liability. After plaintiff rested he was permitted, over objection, to amend his complaint to state that the defendants, including the City, negligently permitted the truck to be driven upon the public highway in the area of the occurrence without having on file and in effect a good and sufficient indemnity bond or insurance policy as required by Section 17 of the Illinois Motor Carrier of Property Act, Ill.Rev.Stat.1965, c. 95 1/2, § 282.17.
Over the City's objection the...
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O'Fallon Development Co. v. City of O'Fallon
...or to any particular person different from the public at large.' (48 Ill.2d at 24, 268 N.E.2d at 29; See also Chambers v. Palaggi, 88 Ill.App.2d 221, 232 N.E.2d 69 (1st Dist. 1967).) The judgment of the Circuit Court of St. Clair County is affirmed as to St. Clair Square, Inc., reversed as ......
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