Watkins v. Lewis
Decision Date | 29 May 1968 |
Docket Number | Gen. No. 51586 |
Citation | 237 N.E.2d 830,96 Ill.App.2d 182 |
Parties | Frank WATKINS, Plaintiff-Appellee, v. William A. LEWIS, Jr., Defendant-Appellant. |
Court | United States Appellate Court of Illinois |
George F. Barrett, Chicago, for defendant-appellant; Donald J. Duffy, Chicago, of counsel.
Gunn, Davidson & Brantman, Chicago, for plaintiff-appellee; Edwin N. Gunn, Chicago, of counsel.
The plaintiff brought suit for personal injuries sustained in an automobile accident. The trial court entered summary judgment for the plaintiff against the defendant on the issue of liability. The issue of damages was tried before a jury and a verdict returned in the amount of $10,000.
The plaintiff's amended complaint alleged that while the plaintiff was stopped for a red light he was rear-ended by the defendant. The complaint set forth the following alleged acts of negligence: Following too close, excessive speed for conditions, insufficient lookout, failure to equip with adequate brakes, failure to apply brakes, failure to keep the vehicle under control, failure to avoid collision, and a general allegation of negligent operation. The defendant denied all material allegations in the complaint relating to the issue of liability.
At the time of the plaintiff's motion for summary judgment, the defendant's deposition was on file. This deposition contained certain admissions of a party-opponent and admitted therein that the defendant pulled away from the curb 50 feet from the intersection where the accident occurred. At that time the plaintiff's vehicle was stopped at the intersection for a red light. The plaintiff's car was the only car stopped at the intersection and occupied the third lane of five lanes of northbound traffic. All other lanes of traffic were unoccupied. The defendant stated that he was traveling 8 to 10 mph when he first attempted to apply his brakes some 20 to 25 feet behind the plaintiff. The brakes did not work and the defendant stated his speed at the time of the impact was 8 to 10 mph.
The plaintiff then filed an affidavit swearing to the facts of the accident within his personal knowledge; that his car was rear-ended while stopped for a red light in the center lane of a highway containing two unoccupied lanes of traffic to his right and two unoccupied lanes of traffic to his left. These basic facts are not in dispute.
Based upon the foregoing, the plaintiff filed a motion for summary judgment. The defendant then filed a counteraffidavit which raised the defense of sudden mechanical failure. The basic facts within the defendant's knowledge were alleged as follows:
At this point the defendant again reaffirmed that at that time he was only 20 to 25 feet behind the plaintiff and traveling at a speed of 8 to 10 mph.
The rules of law with respect to summary judgment were succinctly restated in the recent case of Harp v. Gulf, M. 3 O. R.R., 66 Ill.App.2d 33, 38, 213 N.E.2d 632, 634 (5th Dist.1966):
The indisputed facts raise a single defense--sudden mechanical failure. This is a proper defense sufficient to present a question of fact to a jury. Savage v. Blancett, 47 Ill.App.2d 355, 198 N.E.2d 120 122, 125 (4th Dist.1964). In that case the court stated:
...
To continue reading
Request your trial-
Scottish & York Intern. Ins. Group/Guarantee Ins. Co. v. Comet Cas. Co.
...40 Ill.Dec. 743, 406 N.E.2d 946; Gagliardo v. Vodica (1978), 58 Ill.App.3d 1053, 16 Ill.Dec. 424, 374 N.E.2d 1302; Watkins v. Lewis (1968), 96 Ill.App.2d 182, 237 N.E.2d 830; Scharf v. Waters (1946), 328 Ill.App. 525, 66 N.E.2d While we do not quarrel with the trial court's holding that the......
-
Williams v. Chicago & E. I. R. Co.
... ... (Watkins v. Lewis, (1968), 96 Ill.App.2d 182, 237 N.E.2d 830; Morris v. Anderson, (1970), 121 Ill.App.2d 169, 259 N.E.2d 601.) If, on the other hand, the ... ...
-
Truemper v. Bowman
...evidence. Plaintiffs argue that while sudden mechanical failure is ordinarily a question of fact for the jury (Watkins v. Lewis (1968), 96 Ill.App.2d 182, 186, 237 N.E.2d 830), the defense was not here supported by convicing evidence that the accident happened solely from the alleged Plaint......
-
Witzig v. Illinois Power Co.
... ... Dean Berenz Asphalt Co., Inc., 83 Ill.App.2d 258, 227 N.E.2d 100, and also while sitting in the first district, Watkins v. Lewis, 96 Ill.App.2d 182, 237 N.E.2d 830. In each of these cases, we carefully enunciated the rules applicable and their repetition in this ... ...