Farney v. Geerdes
| Decision Date | 10 August 2017 |
| Docket Number | NO. 4-16-0857,4-16-0857 |
| Parties | HOPE FARNEY, as Independent Administratrix of the Estate of KITTY MULLINS, deceased, Plaintiff-Appellant, v. MATTHEW GEERDES, Individually; LARRY THORNDYKE, Individually; UNIVERSITY LUTHERAN MINISTRY OF BLOOMINGTON-NORMAL; ST. PAUL'S EVANGELICAL LUTHERAN CHURCH, ROBERTS, ILLINOIS, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
NOTICE
This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from Circuit Court of Ford County
Honorable Matthew J. Fitton, Judge Presiding.
JUSTICE HOLDER WHITE delivered the judgment of the court.
¶ 1 Held: The appellate court affirmed, concluding the trial court did not err in granting summary judgment in favor of defendants where (1) no reasonable person could conclude defendant Geerdes was acting within the scope of his employment, and (2) no genuine issue of material fact existed as to defendant Thorndyke's alleged negligence.
¶ 2 Plaintiff, Hope Farney, independent administratrix of the estate of Kitty Mullins, filed a third amended complaint against defendants, Matthew Geerdes, Larry Thorndyke, University Lutheran Ministry of Bloomington-Normal (University Lutheran), and St. Paul's Evangelical Lutheran Church, Roberts, Illinois (St. Paul's). The claims arose from a car collision in which Geerdes's vehicle struck Mullins's vehicle, resulting in her death. The complaint alleged 10 counts of wrongful death and survival action claims on behalf of Mullins's surviving husband and five children. Specifically, the complaint alleged, in part, (1) Geerdes, a pastor who worked part-time at both St. Paul's and University Lutheran, acted negligently by talking on his phone at the time of the accident; and (2) Thorndyke, the council president at St. Paul's, acted negligently by knowingly calling and distracting a person who was driving. The complaint alleged liability under a theory of respondeat superior against University Lutheran and St. Paul's based on Geerdes's alleged negligence. The complaint further alleged respondeat superior liability against St. Paul's based on Thorndyke's alleged negligence. Thorndyke, University Lutheran, and St. Paul's filed separate motions for summary judgment. The trial court granted all three motions and entered summary judgment in favor of Thorndyke, University Lutheran, and St. Paul's.
¶ 3 Plaintiff appeals, arguing the trial court erred in granting summary judgment in favor of St. Paul's and Thorndyke. For the following reasons, we affirm.
¶ 5 This case arises out of an October 2013 automobile accident in which Geerdes failed to yield, causing his vehicle to collide with Mullins's vehicle. The accident caused Mullins's death, and Farney, as the administrator of Mullins's estate, filed a third amended complaint against defendants.
¶ 7 The third amended complaint alleged various wrongful death and survival action claims on behalf of Mullins's surviving husband and five children. We summarize only those counts on which the trial court granted summary judgment that plaintiff challenges on appeal.
¶ 9 Counts III and IV respectively alleged claims for wrongful death and a survival action based on Thorndyke's negligence. The counts alleged Thorndyke and Geerdes were engaged in a telephone conversation in the immediate moments prior to the accident and Thorndyke knew, or should have known, Geerdes was driving. The complaint further alleged Thorndyke had a duty to exercise reasonable care and caution to prevent and avoid causing injury and damage to others. Thorndyke allegedly violated this duty when he negligently (1) initiated a telephone conversation with a person he knew, or should have known, was driving; (2) participated in a telephone conversation with a person he knew, or should have known, was driving; or (3) distracted a person he knew, or should have known, was driving. The complaint alleged the negligent acts were the direct and proximate cause of the accident and Mullins's death.
¶ 11 Counts VII and VIII respectively alleged claims for wrongful death and a survival action against St. Paul's based on vicarious liability for Geerdes's negligent actions. The counts alleged Geerdes violated his duty to exercise reasonable care and caution in the operation and control of his vehicle. Further, the complaint alleged that, at the time of the accident, Geerdes was an employee of St. Paul's and acting (1) as an agent of St. Paul's, (2) within the scope of his employment, (3) substantially within the authorized time and space limits of his employment, and (4) for the purpose of serving St. Paul's interests. At all relevant times, the complaint alleged, St. Paul's directly supervised and controlled Geerdes.
¶ 13 St. Paul's filed a motion for summary judgment, asserting, in relevant part, Geerdes was not acting within the scope of his employment with St. Paul's at the time of theaccident. Thorndyke filed a motion for summary judgment, alleging there was no evidence he knew, or should have known, Geerdes was driving when Thorndyke called him. The parties relied on Geerdes's and Thorndyke's depositions, as well as cellular phone records.
¶ 15 Geerdes lived in a parsonage in Roberts, Illinois, owned by St. Paul's. Combined, Geerdes and his wife worked approximately 45 to 50 hours per week for St. Paul's. Other than Sunday services, the hours were flexible and Geerdes had no set schedule. Although the hours were generally during the daytime, Geerdes's schedule varied based on whether parishioners needed help, if a meeting was scheduled, or if there was a gathering for church members. The church compensated Geerdes and his wife with a salary, insurance, pension, and housing. Geerdes also worked part-time at University Lutheran in Normal, Illinois. His schedule at University Lutheran also varied, and Geerdes had nothing scheduled on the morning of the accident.
¶ 16 On the day of the accident, Geerdes was driving from the parsonage in Roberts to University Lutheran in Normal. The accident occurred at the intersection of 1300 North Road and 1100 East Road shortly after 9:15 a.m. Geerdes was approximately 5 miles into his 50-mile commute to Normal, traveling westbound on 1300 North Road. Geerdes stated, "I was driving along and felt the impact and that was—that was my primary experience of it." Geerdes did not notice anything prior to the impact or see a yield sign. He acknowledged that, although he did not see it at the time, he had a yield sign and Mullins did not.
¶ 17 At the time of the accident, Geerdes testified he was on the phone with Thorndyke. Although he was on the phone with Thorndyke, Geerdes said he did not feel he was distracted by it. Counsel asked Geerdes if he remembered what the phone call was about.
Geerdes responded, In response to Thorndyke's request to admit, Geerdes admitted he had not told Thorndyke where he was or what he was doing at the time of the accident.
¶ 19 Thorndyke stated his duties as the president of the church council at St. Paul's included organizing and calling church council meetings. On the day of the accident, Thorndyke was entering a business to buy a door handle in Gillman, Illinois, when Geerdes called his cellular phone. Because he was about to enter a store, Thorndyke thought he would call Geerdes back after he finished making his purchase. Thorndyke's first attempt to return Geerdes's call was dropped. Thorndyke's second call went through, but the men were only able to say "hello" before the call was dropped. According to Thorndyke, this occurred sometime after 9 a.m. but before 12 p.m. After Thorndyke placed the second phone call, he went home. A third attempt to return Geerdes's call went straight to voicemail. Thorndyke testified he had no idea whether he was speaking with Geerdes at the time of the collision. Thorndyke also said he was unaware Geerdes was driving at the time of the phone calls.
¶ 20 Cellular phone records show a call from Geerdes to Thorndyke at 9:12:09 a.m. The records also show Thorndyke called Geerdes at 9:13:15 a.m., and the call lasted 1 minute and 26 seconds. A second call from Thorndyke to Geerdes was placed at 9:15:04 a.m., and it appears the call was forwarded to voicemail. Another entry appears to show Geerdes calling his voicemail at 9:15:25 a.m., which is the exact time the record shows a call from Thorndyke toGeerdes (both calls lasted 24 seconds). It is unclear whether this entry shows a new call from Thorndyke or if it shows Geerdes listened to Thorndyke's voicemail. Thorndyke's cellular phone bill shows he placed three calls to Geerdes on the day in question: one at 9:13 a.m., one at 9:14 a.m., and one at 9:49 a.m. Each of the three calls lasted two minutes.
¶ 21 In 2013, Thorndyke spoke with Geerdes approximately once a week and occasionally saw him around town. According to Thorndyke, Geerdes's schedule was consistent in that he had to preach on Sundays. Thorndyke stated that Geerdes was free to engage in other community outreach activities, but his primary responsibility was preaching on Sundays. Thorndyke was aware of Geerdes's involvement at University Lutheran but did not know any details about his schedule or time commitment there. Beyond preaching on Sundays, Thorndyke stated...
To continue reading
Request your trial