Hull v. City of Chicago

Decision Date24 December 1987
Docket NumberNo. 87-0938,87-0938
Citation165 Ill.App.3d 732,520 N.E.2d 720,117 Ill.Dec. 369
Parties, 117 Ill.Dec. 369 Windolyn J. HULL, Administrator of the Estate of Ernest Hull, Deceased, Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, Defendant-Appellee.
CourtUnited States Appellate Court of Illinois

Philip F. Maher, Chicago (Michael W. Rathsack, of counsel), for plaintiff-appellant.

Judson H. Miner, Corp. Counsel of the City of Chicago (Ruth M. Moscovitch, Chief Asst. Corp. Counsel and Joseph A. Moore, Asst. Corp. Counsel, of counsel), for defendant-appellee.

Presiding Justice SULLIVAN delivered the opinion of the court:

Plaintiff, Windolyn J. Hull, administrator of the estate of Ernest Hull, appeals from an order dismissing eleven of twelve subparagraphs of her complaint charging defendant, the City of Chicago, with negligence. For the reasons hereinafter stated, we dismiss the appeal for lack of a final, appealable order.

Plaintiff's decedent, Ernest Hull, was killed as a result of an accident which occurred in the 4900 block of South Lake Shore Drive on September 28, 1979, when a southbound vehicle driven by Robert Drain crossed the median and collided with Hull's northbound vehicle. Plaintiff's second amended complaint contained two counts: Count I alleged that the City was negligent in maintaining and repairing the roadway where the accident occurred. Paragraph 7 of Count I described the negligent acts or omissions in twelve separate subparagraphs. Count II alleged that the action survived by virtue of the survivorship statute. Ill.Rev.Stat.1985, ch. 110 1/2, par. 27-6.

On defendant's motion, the circuit court, on January 20, 1987, dismissed subparagraphs (b) through (1) of paragraph 7 of each count. Subparagraph (a), which alleged that defendant was negligent in permitting a chunk or block of concrete to remain on the southbound lanes of the roadway, was not dismissed. Plaintiff's motions for reconsideration and rehearing were denied on February 18, 1987, and March 19, 1987. On March 26, 1987, the court made an express finding that the order entered on March 19, 1987, denying plaintiff's motion for a rehearing on her motion to reconsider, was "final and appealable" and that "there is no just cause to delay enforcement or appeal." This appeal followed.

An order is final and thus appealable if it either terminates the litigation between the parties on the merits or disposes of the rights of the parties, either on the entire controversy or a separate branch thereof. (Village of Burnham v. Cook (1986), 146 Ill.App.3d 124, 126, 99 Ill.Dec. 942, 496 N.E.2d 1034.) Thus, the question in this appeal is whether the order of January 20, 1987, disposed of the rights of the parties on any branch of the action. In our judgment, it did not.

Plaintiff's action involves a single claim of negligence against one defendant. Although paragraph 7 of plaintiff's complaint alleged various negligent acts or omissions, only one theory of recovery was advanced--negligence. The statement of a single claim in...

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27 cases
  • Grove v. Carle Foundation Hosp., 4-05-0488.
    • United States
    • United States Appellate Court of Illinois
    • March 28, 2006
    ...disposes of rights of parties, either on the entire controversy or on a separate branch thereof. Hull v. City of Chicago, 165 Ill.App.3d 732, 733, 117 Ill. Dec. 369, 520 N.E.2d 720, 721 (1987). Rule 304(a) permits appeals from orders that do not dispose of an entire "`If multiple parties or......
  • Curtis v. Lofy, 4-08-0750.
    • United States
    • United States Appellate Court of Illinois
    • September 2, 2009
    ...not be followed. Philip asserts that the reasoning used by the Piagentini II court — based on Hull v. City of Chicago, 165 Ill.App.3d 732, 733, 117 Ill.Dec. 369, 520 N.E.2d 720, 721 (1987) (order dismissing subparagraphs was not a final and appealable order despite the Rule 304(a) finding b......
  • Piagentini v. Ford Motor Co.
    • United States
    • United States Appellate Court of Illinois
    • January 15, 2009
    ...of the rights of the parties, either on the entire controversy or a separate branch thereof." Hull v. City of Chicago, 165 Ill.App.3d 732, 733, 117 Ill.Dec. 369, 520 N.E.2d 720, 721 (1987). For an order to dispose of a separate branch of a controversy, the bases for recovery of the counts w......
  • Bankfinancial v. Tandon
    • United States
    • United States Appellate Court of Illinois
    • April 12, 2013
    ...thereof. Wilson v. Edward Hospital, 2012 IL 112898, ¶ 19, 367 Ill.Dec. 243, 981 N.E.2d 971 (citing Hull v. City of Chicago, 165 Ill.App.3d 732, 733, 117 Ill.Dec. 369, 520 N.E.2d 720 (1987)). “A ruling which is not a final order does not in any manner affect or determine any subsequent proce......
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