Frederick v. Professional Truck Driver Training School, Inc.

Case Date: 03/04/2002
Court: 1st District Appellate
Docket No: 1-00-3962 Rel

No. 1-00-3962                                                                                                                                             First Division

March 4, 2002





JERRY FREDERICK, ) Appeal from the
) Circuit Court of
             Plaintiff-Appellant, ) Cook County.
)
             v. )
) No. 98 L 4261
PROFESSIONAL TRUCK DRIVER )
TRAINING SCHOOL, INC., an Illinois )
Corporation, ) The Honorable
) David R. Donnersberger,
         Defendant-Appellee. ) Judge Presiding.

PRESIDING JUSTICE COHEN delivered the opinion of the court:

Plaintiff Jerry Frederick filed suit against defendant Professional Truck Driver TrainingSchool, Inc., seeking recovery for injuries sustained when plaintiff slipped and fell exiting asemi-truck while participating in defendant's driver training program. The trial court granteddefendant's motion for summary judgment and plaintiff appealed. On appeal, plaintiff arguesthat the trial court erred in granting summary judgment in favor of defendant where defendantowed a duty to plaintiff either to remove the snow and ice that accumulated on the bottom step ofthe semi-truck or warn plaintiff of its presence. In support of this argument, plaintiff asserts: (1)the snow and ice on the step was an unnatural accumulation; (2) defendant had a statutory duty toprovide a safe vehicle for training; (3) defendant voluntarily assumed a duty to remove the snowand ice from the step and either failed to remove it or removed it negligently; and (4) defendanthad a contractual duty to remove snow and ice from the step . For the reasons set forth below,we affirm.

BACKGROUND

On December 2, 1996, plaintiff was participating in his second day of training atdefendant's truck driving school. On this particular day, classes were conducted outside in the"yard" where each student was to take a turn climbing into the cab of the truck, placing the truckinto gear, driving the truck forward, backing the truck up and then exiting the truck.

Plaintiff climbed into the cab of the truck without incident. Plaintiff proceeded to shiftthe truck into gear, drive the truck forward and back the truck up two or three times. When heconcluded the exercise, plaintiff shifted the truck into park and began to exit the truck. Plaintiffopened the driver's side door and placed both of his feet on the top step while holding thehandrails on either side of the door. Plaintiff then stepped onto the bottom step with his rightfoot and slipped on ice and snow that had accumulated on the step. Plaintiff's left foot was stillon the top step when he fell backward, twisting his body to the right and injuring his left knee.

On April 13, 1998, plaintiff filed a one count complaint alleging that defendant carelesslyand negligently:

"a. failed to remove packed snow and ice from the steps of one of its training trucks prior to instigating training on said vehicle;

  • permitted an unnatural accumulation of snow and ice to remain on one ofits training trucks for a long period of time when the same presented ahazard for all those lawfully entering and exiting said training truck;
  • failed to warn its students of the dangerous and unsafe condition of thesteps on the training truck whose steps were in an unsafe condition forentering and exiting;
  • failed to apply salt and other non-slip substances to the unnaturalaccumulations of snow and ice on the steps of said training truck in atimely fashion; [and]
  • failed to report the dangerous condition of said training truck to thosepersons who had maintenance responsibilities for said training truck inorder that said steps could be made safe for use[.]"

Defendant subsequently filed an answer denying each allegation of negligence made by plaintiffin his complaint and asserting the affirmative defense of contributory negligence.

On January 31, 2000, defendant filed a motion for summary judgment arguing that itowed no duty to plaintiff and asserting that the accumulation of ice and snow on the truck'sbottom step was "natural." Copies of pertinent portions of plaintiff's deposition were attached tothe motion.

In response to defendant's motion for summary judgment, plaintiff alleged that defendantowed a duty to plaintiff because: (1) the accumulation of ice and snow on the truck's bottom stepwas "unnatural;" (2) defendant entered into a contract with plaintiff agreeing to provide"supervision;" and (3) section 6-410 of the Illinois Vehicle Code (625 ILCS 5/6-410 (West2000)) and section 1060.110 of the Illinois Administrative Code (92 Adm. Code