State Farm Fire and Casualty Company v. Welborne

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2017 IL App (3d) 160231
Decision Date: 
Tuesday, August 15, 2017
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Affirmed.
Justice: 
CARTER

Insurer filed small claims subrogation action for negligent roof repair. Trial court's ruling, after bench trial, was well supported by evidence, which showed that Defendant was hired to fix leaky roof, and he guaranteed his workmanship for 2 years, but about 18 months later, roof started leaking again. New leak was caused by lack of ice shields around roof vents, and when Defendant installed different vents with ice shields, problem was immediately resolved. Court's finding that Defendant breached duty of care was not against manifest weight of evidence. No error in court considering its own knowledge of winter conditions in central Illinois.(HOLDRIDGE, concurring; McDADE, dissenting.)