Five-alarm fire destroyed 100-year-old, 6-story building which had fallen into disrepair. Fire was caused by unlicensed contractor who Estate had hired to complete work in basement, and he never obtained permit for work. Sparks from torches being used then started fire. Public policy did not support imposition of strict liability upon wrecking company and construction company for damages resulting from demolition of building. Section 1-4-7 of Municipal Code does not impose strict liability on a municipality; negligence is required for statute to apply. Court properly denied Estate's motion for judgment notwithstanding the jury's verdict or, in the alternative, its motion for a new trial. Jury heard conflicting evidence that Estate was negligent in hiring unqualified person to make repairs to building, and evidence that wrecking company was negligent in demolishing building which caused damage to adjacent building and led to its demolition. General verdict creates presumption that jury found in favor of Defendant on each defense, where no special interrogatories were requested by the moving party. Evidence was sufficient for jury to conclude that Estate was more than 50% negligent, thus barring recovery by Estate. (REYES, concurring; GORDON, specially concurring.)
Illinois Appellate Court
Civil Court
Municipal Law