Grimwood v. Tabor Grain Co., Div. of Archer Daniels Midland Corp., 3-84-0379

Citation474 N.E.2d 920,130 Ill.App.3d 708,86 Ill.Dec. 6
Decision Date14 February 1985
Docket NumberNo. 3-84-0379,3-84-0379
Parties, 86 Ill.Dec. 6 Raymond GRIMWOOD, Plaintiff-Appellant, v. TABOR GRAIN COMPANY, a DIVISION OF ARCHER DANIELS MIDLAND CORP., a Nevada Corporation, Defendant-Appellee.
CourtUnited States Appellate Court of Illinois

Page 920

474 N.E.2d 920
130 Ill.App.3d 708, 86 Ill.Dec. 6
Raymond GRIMWOOD, Plaintiff-Appellant,
v.
TABOR GRAIN COMPANY, a DIVISION OF ARCHER DANIELS MIDLAND
CORP., a Nevada Corporation, Defendant-Appellee.
No. 3-84-0379.
Appellate Court of Illinois,
Third District.
Feb. 14, 1985.

[130 Ill.App.3d 709]

Page 921

[86 Ill.Dec. 7] Robert A. Morelli, Telford & Morelli, Ltd., LaSalle, for plaintiff-appellant.

Michael T. Reagan, Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., LaSalle, for defendant-appellee.

HEIPLE, Justice.

The plaintiff-appellant, Raymond Grimwood, brought this action against the defendant-appellee, Tabor Grain Company, to recover for personal injuries suffered when he fell off his motorcycle after turning onto the entranceway of the defendant's plant. Count I of the plaintiff's amended complaint alleged negligence on the part of the defendant and Count II alleged wilful and wanton misconduct. The trial court granted summary judgment for the defendant on both counts.

The facts pertinent to this appeal are as follows. The plaintiff's father, Clifford Grimwood (Mr. Grimwood), was employed by the defendant at its grain elevator in Long Point, Illinois. On June 21, 1984, Mr. Grimwood was at the elevator working on the defendant's equipment. Mr. Grimwood was not scheduled to work that day, a Sunday, and the elevator was not open for business. At about noon, the plaintiff drove his motorcycle to the defendant's elevator to remind his father to come home for lunch. The plaintiff was not employed by the defendant. [130 Ill.App.3d 710] As the plaintiff turned onto the defendant's driveway, he hit a series of potholes and ruts and fell to the ground, injuring himself.

On several occasions before the accident, the plaintiff had visited his father at the defendant's grain elevator during both working and non-working hours. Other members of Mr. Grimwood's family had

Page 922

[86 Ill.Dec. 8] also visited Mr. Grimwood at work. Mr. Grimwood was never told by his supervisor that members of his family should not visit him at the plant. During the plaintiff's prior visits to the elevator, he had traveled over the driveway. However, he had never traveled over the driveway on his motorcycle. The plaintiff had known for approximately one year of the driveway's bad condition. He saw the potholes and ruts as he turned onto the driveway on the day he was injured.

The plaintiff's first contention is that summary judgment was improperly granted as to Count...

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