Delivery driver was injured when trying to deliver pallets of beverages to hospital. Driver did not know that dock leveler on dock space had been broken for over 6 months; and he tried to motorized pallet jack to unload his truck, and while trying to free jack he fell and broke his ankle. Hospital had a duty, as it was reasonably foreseeable that driver would try to make delivery at that dock despite broken leveler, and injury was likely, as no help was nearby. Court erred in granting summary judgment for hospital, as genuine issue of material fact exists as to proximate cause and duty. Broken dock leveler is cause in fact, and ample evidence would permit trier of fact to find it foreseeable that broken leveler could result in broken ankle. (FITZGERALD SMITH and PUCINSKI, concurring.)
Illinois Appellate Court
Civil Court
Proximate Cause