Maggette v. Peoples Gas Light & Coke Co.

Citations: 228 Ill. App. 3d 180; 592 N.E.2d 531; 170 Ill. Dec. 95; 1992 Ill. App. LEXIS 541Docket: No. 1—90—1977

Court: Appellate Court of Illinois; April 3, 1992; Illinois; State Appellate Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

Ralph Maggette sustained injuries due to a sudden collapse of street pavement while driving on September 20, 1982. He sued Peoples Gas Light and Coke Company (Peoples Gas) for negligence related to prior work at the site. The trial court granted summary judgment in favor of Peoples Gas on July 13, 1989, and denied Maggette’s motion for reconsideration on June 21, 1990. Maggette appealed both decisions.

During the summary judgment hearing, the trial judge indicated he would reconsider the case if Maggette could present evidence linking the excavation by Peoples Gas to the pavement collapse. Maggette subsequently filed a motion for reconsideration, including an affidavit from an expert witness. However, Peoples Gas argued, citing the case Delgatto v. Brandon Associates, that the expert affidavit should not be considered because it was not presented during the original hearing.

The trial judge struck the expert affidavit, ruling that without it, Maggette's motion for reconsideration lacked supporting evidence and was therefore denied. The appellate court found that the trial judge’s initial invitation to submit additional evidence constituted an implicit grant of leave to amend. Citing similar precedent, the court concluded that it was unjust to deny Maggette’s efforts based on the judge's encouragement.

The appellate court reversed the trial court’s decisions to strike the expert affidavit and deny the motion for reconsideration, remanding the case for reconsideration of Maggette's claims. Judges Murray and Gordon concurred with this decision.