Engelland v. Clean Harbors Environmental Services, Inc.
Case Date: 03/09/2001
Court: 1st District Appellate
Docket No: 1-99-0788 Rel
FIFTH DIVISION
No. 1-99-0788
Peter and Maribeth Engelland brought an action against Clean HarborsEnvironmental Services, Inc. (Clean Harbors), seeking to recover damages forinjuries Peter sustained when he inhaled toxic chlorine gas at Clean Harbors'waste disposal facility. Clean Harbors filed a third-party contribution actionunder a negligence theory against Peter's employer, Waste Management ofIllinois, Inc. (WMIL). Prior to trial, Clean Harbors settled with the Engellandsfor $9 million. Clean Harbors then proceeded with its contribution action andwas granted leave to amend its complaint to add Waste Management, Inc. (WMInc.), as an additional third-party defendant. WM Inc. and WMIL (hereinafterdefendants) brought motions for summary judgment on the negligence issue andalso renewed their affirmative defenses, which had previously been rejected. Thetrial court granted both defendants' motions, without stating the basis for itsdecision. Clean Harbors then filed a motion to reconsider, which was denied.Clean Harbors now appeals from the entry of summary judgment in favor ofdefendants. We affirm. Clean Harbors raises five issues on appeal: (1) whether WM Inc. and WMILundertook, pursuant to company policy and the Occupational Safety and Health Act(OSHA) (29 U.S.C. |