Kalata v. Anheuser-Busch Companies, Inc.

• Decision Date: 17 October 1991
• Docket Number: ANHEUSER-BUSCH,No. 70969,70969
• Citation: 163 Ill.Dec. 502,581 N.E.2d 656,144 Ill.2d 425
• Parties: , 163 Ill.Dec. 502 Bernard KALATA, Appellant, v.COMPANIES, INC., Appellee.
• Court: Illinois Supreme Court

Page 656

581 N.E.2d 656

144 Ill.2d 425, 163 Ill.Dec. 502

Bernard KALATA, Appellant, v. ANHEUSER-BUSCH COMPANIES, INC., Appellee.

No. 70969.

Supreme Court of Illinois.

Oct. 17, 1991.

Grotefeld, Johnson, Pekala & Durkin, Chtd., Frank E. Glowacki and Carol M. Douglas, of counsel, Chicago, for appellant.

Cassiday, Schade & Gloor, Timothy J. Ashe and Lynn D. Dowd, of counsel, Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court:

After a bench trial in the circuit court of Cook County, plaintiff, Bernard Kalata (Kalata), was awarded damages for personal injuries sustained when he fell on a snow- and ice-covered stairway while exiting a warehouse owned by defendant, Anheuser-Busch Companies, Inc. (Anheuser-Busch). The appellate court reversed. (204 Ill.App.3d 351, 149 Ill.Dec. 856, 562

                [163 Ill.Dec. 504] N.E.2d 320.)   We granted plaintiff leave to appeal (134 Ill.2d R. 315).  We reverse
                

BACKGROUND

Kalata filed his original complaint on December 6, 1984. Kalata's second-amended complaint, filed on April 20, 1989, is the most recently filed complaint and the complaint pertinent to this appeal. The second-amended complaint alleges that Anheuser-Busch negligently failed to provide a handrail on both sides of the stairway, in violation of the City of Chicago building code (Chicago Municipal Code §§ 67-10.3(a)(1), 78-5 (1984)). In addition, Kalata alleges that Anheuser-Busch negligently approved and accepted the warehouse building with a defective design and allowed the building to be in a defective condition in that the gutters overflowed onto the stairway below; the top landing of the stairway was pitched so that it retained water dropping from the gutter above, causing an unnatural accumulation of ice and snow; and the building lacked a canopy over the stairway to prevent an unnatural accumulation.

In holding for plaintiff, the trial court found that there was a flow of water from the roof or gutters onto the stairwell and that if there had been a right-hand railing, plaintiff could have grasped that handrail and not taken the steps toward the left side of the stairway which led to his fall. The court found damages of $361,217.41, and reduced the damage amount for plaintiff's contributory negligence, awarding plaintiff $180,680.70.

The appellate court reversed. The appellate court held that plaintiff failed to present direct evidence, or sufficient circumstantial evidence, of a design deficiency in the gutters or roof which caused the allegedly unnatural accumulation of ice on the landing. Further, the court held that plaintiff failed to prove that the landing was defective. In addition, the appellate court held that the evidence fails to show "any connection" between plaintiff's fall and defendant's violation of the handrail ordinance.

EVIDENCE AT TRIAL

Kalata testified at trial that on June 9, 1984, he was working as a driver/salesman for Hometown Distributing Company. He worked out of the warehouse owned by Anheuser-Busch, located at 4841 South California Avenue in Chicago. The stairway on which plaintiff fell is located on the north side of the warehouse building. The right-hand side of the stairway, as a person exits the building, runs alongside and touches the building, and the left-hand side faces the parking lot. There was a hand railing on the left side of the stairway but not on the right.

Plaintiff left home around 6:15 a.m. and drove approximately 11 miles to the warehouse. The temperature was below freezing and street conditions were slippery. Plaintiff parked his car in the lot to the east of the warehouse, and as he walked to the building, he slipped in the parking lot, but caught himself and did not fall. He ascended the east stairway, which was slippery. He entered the building, walked through the warehouse to the drivers' room and collected receipts and other materials for his route for the day. He met his helper, Robert Ubriaco, in the building. Plaintiff and Ubriaco proceeded to exit the building to begin their route.

Plaintiff stated that the north door opened outward, by means of a push-bar across the inside. Ubriaco exited first, and plaintiff followed. Plaintiff was carrying in his right hand what he called a tin can, which was an aluminum cover for his route receipts. Plaintiff was wearing a work uniform, including a winter jacket. He also wore heavy insulated boots. Plaintiff weighed 245 pounds, as he had for 20 years before, and stands five feet, seven inches tall.

Ubriaco walked down the stairs, going over to the left-hand side of the stairway to hold the left handrail because, plaintiff stated, there was no railing on the right side. After Ubriaco went down one, two or three stairs, plaintiff followed. Plaintiff's leg slipped from under him as he stepped on the snow and ice on top of the stoop. Plaintiff fell down the stairway, "bouncing off" Ubriaco and landing on the pavement below the last step. Plaintiff suffered injuries to his knees and other injuries.

Plaintiff testified that there was "snow on top of ice" on the stoop, and there was snow covering the stairs with ice along one side of the stairway leaking toward the building. Plaintiff further testified that the ice came from the gutter, since water came down off of the gutter and roof any time there was a heavy precipitation. There were icicles along most of the wall of the building during the winter. Plaintiff never talked to the president of Hometown Distributing Company about the water accumulating in the area. Plaintiff stated, however, that he did not know of the condition of the stoop until he saw the stoop as he exited the building.

On cross-examination, plaintiff testified that he used the north stairway year-round for 8 to 10 years prior to the date of his fall. Plaintiff believed that it was snowing while he was on his way to work the morning of the accident. It had snowed the night before. Plaintiff was carrying a clipboard and route book in addition to the tin can when he fell. The tin can measures approximately 1 1/2 inches wide and 15 inches square. Plaintiff stated that after he came out of the door, he took two steps on the top landing toward the left-hand side of the stoop when he fell. He reached for and was holding onto the left-hand railing as he was falling.

Robert Ubriaco testified that he was working as a truck helper since 1973 and was working with plaintiff for Hometown Distributing Company on the day of the accident. Ubriaco stated that just prior to the accident, he and plaintiff were leaving the building to go to their truck. Ubriaco exited first, opening the door and stepping onto the stoop. He slipped and started to fall, but grabbed the left handrail with both hands while he was on the stoop, or landing, and then proceeded to reach the bottom of the stairs. He turned to warn Kalata to be careful, but Kalata was already falling. Kalata fell up against Ubriaco at the bottom of the stairs.

Ubriaco stated that there was ice on the top of the stoop covered with snow, and there was ice on some of the stairs covered with snow. It had snowed the night before. Ubriaco stated that the ice came from the roof over the gutters. Whenever a heavy rain occurred or during winter when the temperature was at or below freezing, ice would accumulate on the side of the building and icicles would hang over the rain gutter. Ubriaco stated that in late 1983 or early 1984, he complained to his union steward of water and icicles on the side of the building. On cross-examination, Ubriaco stated that plaintiff was carrying the tin can, the clipboard, and the route book in his right hand. The three things measured approximately 15 by 15 inches by 2 1/2 to 3 inches thick.

John Gliottoni, a general contractor who worked in the construction industry for 35 years, testified, as plaintiff's expert, regarding the condition of the stairway. Gliottoni examined the stairway and determined that the top landing had no pitch, or slant, and therefore water, snow, ice, and sleet would accumulate there. Gliottoni stated that based upon reasonable construction standards the stoop should have a pitch of one-quarter inch per foot. The stoop measured 48 inches wide, and therefore should be pitched one inch away from the building. Gliottoni stated his opinion based upon a reasonable degree of construction standards that the stoop was not in a safe condition because of the lack of a pitch and the absence of a handrail on the south (right-hand) side.

On cross-examination, Gliottoni stated that he did not check the gutters to see that they were installed and pitched properly. Gliottoni stated that there was nothing to prevent water or snow from coming over the gutters because the gutters were probably designed properly for normal rain and snow fall. A canopy would allow the snow and water to slide over the gutter in a heavy rain or snow storm. Gliottoni admitted that when he inspected the stairway, there were no accumulations of snow, ice, or water on the stairway. Gliottoni was unaware of requirements of the Chicago building code for the pitch of a stairway.

Plaintiff introduced into evidence a certified climatological report for the Chicago area for December 1983 and January 1984. The report showed that for the first nine days of January, the temperature was below 30 degrees Fahrenheit. Several days before the accident, there was sunshine. There was an accumulation of snow or "ice pellets" on January 1 of 3.1 inches; 0.5 inches on January 8; and 0.7 inches on January 9. The precipitation was 3.6 inches on December 21, and 3.1 inches on December 28.

The court allowed into evidence section 67-10.3 of the City of Chicago ordinance, which provides that stairways must have handrailings on both sides, except stairs that are less than 44 inches wide may have a handrail on one side only. Chicago Municipal Code § 67-10.3 (1984).

Anheuser-Busch called David Collins, a mechanical engineer with six months...