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York v. Modine Manufacturing Co.

OPINION FILED NOVEMBER 8, 1982.

MADONNA YORK, PLAINTIFF-APPELLANT,

v.

MODINE MANUFACTURING CO. ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of McLean County; the Hon. Keith E. Campbell, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

Plaintiff appeals an order of the circuit court of McLean County which dismissed her complaint against the defendants pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 45). The theory of the complaint was common law negligence against her employer and the security service hired by the employer.

As against her employer, Modine Manufacturing Company (Modine), plaintiff alleged that on November 7, 1979, and for a period of time previous thereto, she had been an employee of Modine; that Modine had contracted with R.R.S., Inc. (R.R.S.), to provide security, control and protection services at Modine's plant; that on the date in question R.R.S. permitted Dennis York, a non-employee, to enter a secured area of the plant and remain there for 3 1/2 hours; that plaintiff's shift ended at about 12:05 a.m. on November 8, 1979, and at that time Dennis York shot plaintiff with a gun while in the secured area; and that prior to the incident plaintiff had advised Modine that Dennis York had threatened her safety, the threats were genuine, and that she wanted no contact with him while at her employment. Similar facts were alleged against R.R.S. For the purposes of the section 45 motion, these allegations must be taken as true.

The allegations of negligence against Modine are:

"MODINE MANUFACTURING COMPANY, undertook to provide a security service for the protection of its employees and failed to exercise reasonable care in doing so, in that it;

a) Failed to relay information and knowledge it had as [to] physical threats to the Plaintiff's safety to the guard service it had contracted.

b) Failed to inform the Plaintiff that she could not rely upon the guard service provided with the knowledge that her physical safety was in danger.

c) Failed to contract for sufficient guard and security services that would prevent the entry of unauthorized individuals into the secured area, thereby increasing the risk of harm of the Plaintiff from attack."

The allegations of negligence against R.R.S. are:

"The Defendant, R.R.S. Inc., failed to exercise reasonable care in rendering of guard security and control services necessary for that protection of the Plaintiff, in that they:

a) Failed to deny admission to the secured area to Dennis York.

b) Failed to discover that Dennis York was carrying a deadly weapon.

c) Failed to keep track of the location of Dennis York while he was within the secured area.

d) Permitted Dennis York to remain in the secured area for upwards of 3 1/2 hours, without determining his ...


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