Hage v. Kossier
Hage v. Kossier
Opinion
¶ 1 Plaintiffs, Brittany N. Hage and Joann M. Blackmore, appeal the dismissal of count VI of Hage's fourth amended complaint, which added Blackmore as a plaintiff in Hage's action against defendant Trisha L. Pannkuk. Because the allegations in count VI did not arise out of the same transaction or occurrence as Hage's original complaint, count VI was barred by the applicable statute of limitations. Therefore, we affirm the judgment of the circuit court of Stephenson County.
¶ 2 I. BACKGROUND
¶ 3 The following facts are taken from the record. On February 1, 2011, during a winter snowstorm, a 13-vehicle accident occurred on Route 72 in Ogle County. The weather conditions included snow on the roadway and blowing snow that greatly reduced visibility. Drivers reported that immediately before the accident their speeds were limited to between 20 and 35 miles per hour, in a 55 mile-per-hour speed zone. Several lawsuits sprang from this incident, two of which are relevant to this appeal.
¶ 4 On April 5, 2012, Hage filed a five-count complaint against defendants, Shane M. Kossier, Pannkuk, Penny M. Ludwig, John W. Cline, and Anthony J. Miatke. In her complaint, Hage alleged that she suffered serious injuries as a passenger in a car driven by Kossier when that car slid into vehicles driven by Ludwig and Cline. Hage further alleged that Kossier's car was then hit from the rear by a car driven by Pannkuk. According to Hage's complaint, the combination of cars was then hit by a vehicle driven by Miatke.
¶ 5 On January 24, 2013, one week before the limitations period would have expired, Blackmore, who was also involved in the accident, filed a single-count complaint against Cline. No other parties were named in that action. Blackmore alleged that she stopped her car in the roadway when she approached another car in the road that was already stopped. She alleged that, when she exited her car to speak with the driver of the car that was stopped in front of her, Cline's car struck her car from behind. Her car was thrust forward, hitting her, running over her foot, and slamming her into a snow bank, causing injuries.
¶ 6 On August 23, 2013, the trial court consolidated the Hage and Blackmore actions for the purposes of discovery only. Between November 2013 and August 2014, the parties deposed Ludwig, Pannkuk, Cline, Blackmore, and Eric Miller, who was involved in the accident but not a party in either of these cases.
*927 ¶ 7 On December 7, 2015, Hage sought leave to file a fourth amended complaint. 1 She proposed adding Blackmore as a plaintiff in the claims against Pannkuk, Ludwig, and Cline. Count VI of the proposed fourth amended complaint was directed against Pannkuk. In it, Blackmore alleged that Pannkuk's car collided with Ludwig's and Cline's, which had already collided and struck Blackmore. In other words, the proposed fourth amended complaint included a count by Hage alleging that Pannkuk's car struck the car in which she was riding, as well as a separate count by Blackmore alleging that Pannkuk's car struck Ludwig's and Cline's cars.
¶ 8 On January 25, 2016, Pannkuk objected to Hage's motion to amend, arguing that the proposed fourth amended complaint was outside the statute of limitations. Moreover, Pannkuk argued, count VI did not relate back to Hage's original complaint, because it alleged a new cause of action with different injuries. The trial court granted Hage leave to amend, without commenting on the substance of the relation-back argument. On June 23, 2016, Hage filed her fourth amended complaint.
¶ 9 On August 10, 2016, Pannkuk filed a motion to dismiss count VI of the fourth amended complaint, arguing again that Blackmore's claim did not relate back to Hage's original complaint because it did not arise out of the same transaction or occurrence. Specifically, Pannkuk maintained that count VI was for different injuries and required different proofs to defend. Hage and Blackmore countered that both lawsuits involved "identical facts as well as similar issues of liability and damages" and that the numerous counterclaims for contribution put all defendants on notice that each defendant thought that the others were responsible for the accident. On October 28, 2016, the court denied Pannkuk's motion to dismiss.
¶ 10 On February 28, 2017,
2
Pannkuk filed a motion to reconsider the order denying her motion to dismiss. Pannkuk asserted that Hage suffered whiplash-type injuries to her neck and back inside the car she was riding in when it collided with a car in front of her and then was struck twice from behind by other vehicles. By contrast, Blackmore exited her car uninjured and was then struck by her own car when it was hit by another car, injuring her left foot, neck, and back. Pannkuk argued that these different injuries necessarily involved different treating physicians and different evidence. Pannkuk further argued that she did not depose Blackmore on her injuries, because Blackmore had not brought any claims against Pannkuk at that time and the limitations period had expired more than a year earlier. Pannkuk cited
McGinnis v. A.R. Abrams, Inc.
,
¶ 11 On September 21, 2017, the court ruled on the motion to reconsider. The court found that Hage was injured inside Kossier's vehicle during the chain reaction, while Blackmore had exited her car and was standing in the roadway and was struck as a pedestrian. The court ruled that a jury hearing the Hage and Blackmore cases together would, in essence, be hearing two separate trials. The court found that the proofs would be different and that trying the cases together would lead to "great confusion." While the court recognized that there was "an inextricable connection between the injury to Ms. Blackmore and Ms. Hage," it granted the motion to reconsider and dismissed count VI of the fourth amended complaint, based on McGinnis . Hage and Blackmore timely appealed.
¶ 12 II. ANALYSIS
¶ 13 Plaintiffs contend that the trial court erred in ruling that count VI of the fourth amended complaint did not relate back, pursuant to section 2-616(b) of the Code, to the date that Hage filed her original pleading. Pannkuk responds that count VI did not arise out of the same transaction or occurrence as the original complaint and that the court properly dismissed it.
¶ 14 Section 2-616(b) of the Code defines the relation-back doctrine, the purpose of which is to "preserve causes of action against loss by reason of technical default unrelated to the merits."
Porter v. Decatur Memorial Hospital
,
¶ 15 Plaintiffs assert, and Pannkuk concedes, that Hage timely filed her original complaint. As the first element for triggering the relation-back doctrine under section 2-616(b) is met, this case turns on whether the new claim arose out of the same transaction or occurrence alleged in the original complaint.
¶ 16 Plaintiffs contend that Hage's original complaint provided Pannkuk sufficient notice of Blackmore's claim in count VI, because the same negligent conduct alleged in the original complaint formed the basis of Blackmore's claim. They cite
Zeh v. Wheeler
,
¶ 17
Zeh
involved a single plaintiff who brought a claim of negligence against a landlord for failing to maintain a common stairway.
Zeh
,
¶ 18 Plaintiffs also cite
Cassidy v. Derek Bryant Insurance Brokers, Ltd.
,
¶ 19 Plaintiffs additionally cite
Sompolski v. Miller
,
"2. That at all times relevant herein [Pannkuk] was operat[ing] her vehicle in a westerly direction on Route 72 in Forreston Township, Ogle County, Illinois.
3. At said time and place, [Pannkuk] committed one or more or a combination of the following negligent acts and omissions, to wit:
a) negligently and carelessly failed and omitted to keep a good and sufficient lookout;
b) negligently and carelessly failed and omitted to keep [her] vehicle under control;
c) negligently and carelessly drove at a speed greater than was reasonable and proper in violation of § 11-601(a) of the Illinois Motor Vehicle Code given the weather conditions;
d) negligently and carelessly failed and omitted to reduce speed to avoid a collision in violation of § 11-601(a) of the Illinois Motor Vehicle Code;
e) negligently and carelessly followed too close for conditions;
f) negligently and carelessly came to a sudden stop on the roadway;
g) negligently and carelessly failed to use that degree of care required to keep [her] vehicle from colliding with other vehicles on the roadway."
Plaintiffs then quoted count VI of the fourth amended complaint:
"2. That at all times relevant herein [Pannkuk] was operating her vehicle in a westerly direction on Route 72 in Forreston Township, Ogle County, Illinois.
3. At said time and place, [Pannkuk] committed one or more or a combination of the following negligent acts and omissions, to wit:
*931 a) negligently and carelessly failed and omitted to keep a good and sufficient lookout;
b) negligently and carelessly failed and omitted to keep her vehicle under control;
c) negligently and carelessly drove at a speed greater than was reasonable and proper in violation of § 11-601(a) of the Illinois Motor Vehicle Code given the weather conditions;
d) negligently and carelessly failed and omitted to reduce speed to avoid a collision in violation of § 11-601(a) of the Illinois Motor Vehicle Code;
e) [n]egligently and carelessly followed too close for conditions;
f) negligently and carelessly came to a sudden stop on the roadway;
g) negligently and carelessly failed to use that degree of care required to keep [her] vehicle from colliding with other vehicles on the roadway."
Plaintiffs conclude that, because count VI of the fourth amended complaint relied on the exact same acts as count II of the original complaint, Pannkuk possessed the necessary information to build a defense to the amended complaint and it should therefore relate back to the original.
¶ 20 Plaintiffs fail to acknowledge, however, that these conclusions of negligence actually arose from different alleged acts. Although the above-quoted paragraphs were identical, the paragraphs that followed alleged different actions by Pannkuk. Paragraph four of count II of the original complaint read: "[T]he car in which [Hage] was riding * * * was hit in the rear by the vehicle driven by Defendant Pannkuk * * *." Paragraph four of count VI of the fourth amended complaint read: "[Pannkuk's] car collided with Defendants Ludwig and Cline * * *." Count II alleged that Pannkuk struck Hage, and count VI alleged that Pannkuk struck Ludwig and Cline. Far from identical, these allegations of Pannkuk's actions were in direct conflict.
¶ 21 On the face of the complaints, the injuries arose from different occurrences. As Pannkuk asserts, the mechanism of each injury was separate and distinct. Hage claimed that her whiplash-type injuries were sustained while she was riding in Kossier's car. Blackmore alleged that her injuries occurred when her own car struck her while she was standing in the roadway. Plaintiffs suffered different injuries that occurred at different times and required different providers to treat, and therefore their claims would have required different proofs to defend. There is nothing in the record to indicate that, before the limitations period expired, Pannkuk knew or had any notice that Hage's original complaint, alleging injuries from Pannkuk's car striking the car Hage was riding in, would give rise to the new claim that Pannkuk's car instead struck Ludwig's and Cline's vehicles. Like the plaintiff in Zeh , plaintiffs in this case attempted to add significant factual allegations when the original complaint had not put Pannkuk on notice of those potential allegations. Under Cassidy , the misconduct that Hage alleged in her original complaint was not the same misconduct that Blackmore alleged caused her injuries, and therefore Blackmore's claim could not have grown out of the same occurrence.
¶ 22 At oral argument, plaintiffs asserted that the "permutations or combinations of what could have happened or what did happen are almost infinite." They argued that section 2-616(b) clearly contemplates adding a new plaintiff and that a new plaintiff would necessarily have a different claim. But that argument does not address the notice issue. This court asked how Pannkuk was put on notice that she might be sued for striking the cars of Ludwig
*932
and Cline when the original complaint alleged only that she struck Kossier's vehicle. Plaintiffs answered that the numerous counterclaims for contribution and the depositions put all defendants, including Pannkuk, on notice that they might be at least partially liable for others' injuries. Even accepting that assertion as true, Pannkuk still would not have been put on notice before the limitations period expired. See
Porter
,
¶ 23 In
McGinnis
, the Fourth District considered whether a new plaintiff's claim related back to the original filing. The original plaintiff was a worker who was injured when he tripped over a door casing at his place of employment.
McGinnis
,
¶ 24 III. CONCLUSION
¶ 25 For the foregoing reasons, the judgment of the circuit court of Stephenson County is affirmed.
Justices Jorgensen and Schostok concurred in the judgment and opinion.
The parties differ as to whether the complaint at issue is the third or fourth amended complaint, because a previous amended complaint was served but never filed. For the purpose of this disposition, we refer to the complaint at issue as the fourth amended complaint.
Sometime between October 2016 and February 2017, the original judge in the case, Hon. David L. Jeffrey, retired, and was replaced by Hon. Glenn R. Schorsch.
At oral argument, plaintiffs referred to an Illinois Bar Journal article not cited in their briefs (Amelia S. Buragas,
Proximate Cause: Limiting Liability Along the Chain of Causation
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.