Adams v. Northern Illinois Gas Co.

211 Ill. 2d 32 (Ill. 2004) · Supreme Court of Illinois · April 1, 2004 · No. No. 94748

Summary

The Supreme Court of Illinois affirmed the appellate court's reversal of summary judgment for Northern Illinois Gas Company in a wrongful-death action arising from a failed Cobra gas-appliance connector. The court held that a gas utility may owe customers a duty to warn or investigate when it has actual or constructive knowledge of a dangerous defect in customer-owned gas fixtures, even when the utility does not own or control those fixtures.

Holdings

  1. A gas utility that has superior knowledge of a danger created in part by its product's interaction with a customer-owned appliance connector owes a common-law duty of reasonable care regarding that danger, including a duty to warn customers.
  2. The NI-Gas tariff did not absolve the company of its common-law duty to use reasonable care or eliminate the common-law exception applicable when the utility has notice of a dangerous condition.
  3. Summary judgment was improper because, after recognizing a duty to warn, genuine issues remained as to whether NI-Gas breached that duty and whether the breach proximately caused the decedent's injuries.

Questions Presented

  1. Whether Northern Illinois Gas Company owed the decedent a common-law duty of reasonable care, including a duty to warn, regarding a customer-owned Cobra gas connector when the utility knew of the danger created by the interaction between its gas and the connector.
  2. Whether NI-Gas's filed tariff, which stated that the company assumed no responsibility for the customer's gas equipment, eliminated the common-law duty or exception based on the utility's knowledge of a dangerous condition.
  3. Whether summary judgment was proper when breach and proximate cause remained factually disputed.

Disposition

affirmed

Cases Cited (17)

  • Happel v. Wal-Mart Stores, Inc., 199 Ill. 2d 179, 262 Ill. Dec. 815, 766 N.E.2d 1118 (2002)(followed)
  • Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 190 Ill. Dec. 758, 622 N.E.2d 788 (1993)(followed)
  • Espinoza v. Elgin, Joliet & Eastern Ry. Co., 165 Ill. 2d 107, 208 Ill. Dec. 662, 649 N.E.2d 1323 (1995)(followed)
  • Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 180 Ill. Dec. 691, 607 N.E.2d 1204 (1992)(followed)
  • Ward v. K Mart Corp., 136 Ill. 2d 132, 143 Ill. Dec. 288, 554 N.E.2d 223 (1990)(followed)
  • Clare v. Bond County Gas Co., 356 Ill. 241, 190 N.E. 278 (1934)(followed and distinguished)
  • Lemke v. Metropolitan Utilities District, 243 Neb. 633, 502 N.W.2d 80 (1993)(followed as persuasive authority)
  • Halliburton v. Public Service Co. of Colorado, 804 P.2d 213 (Colo. App. 1990)(followed as persuasive authority)
  • Pioneer Hi-Bred Corn Co. of Illinois v. Northern Illinois Gas Co., 61 Ill. 2d 6, 329 N.E.2d 228 (1975)(followed)
  • In re Illinois Bell Switching Station Litigation, 161 Ill. 2d 233, 204 Ill. Dec. 216, 641 N.E.2d 440 (1994)(distinguished)

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