Appeal from the C circuit Court of Cook County. No. 97 L 9320 Honorable Joseph N. Casciato Judge Presiding.
The opinion of the court was delivered by: Justice Tully
This appeal arises from an order in the trial court granting summary judgment in favor of the defendant, Grecian Delight Foods, Inc. (Grecian Delight), and against the plaintiffs, Leonid Kaporovskiy and Zhanetta Kaporovskaya. The plaintiffs raise two issues on appeal. For the following reasons, we affirm the summary judgment order entered by the trial court.
As a preliminary matter, we address the jurisdictional issue raised by the defendant. Defendant filed a motion to dismiss this appeal which this court denied. Defendant again raised the issue of jurisdiction in its brief and incorporated the arguments from its motion. Defendant asserts that this court lacks jurisdiction over the orders entered by the trial court granting summary judgment in favor of the defendant because the Notice of Appeal fails to mention those orders. We disagree.
The Notice of Appeal specifying the September 20, 2000 Order of the circuit court conferred jurisdiction on this Court. The Notice of Appeal states that the plaintiffs appeal the September 20, 2000 Order entered by the trial court. The Notice further states that this Order contains 304 (a) language for the summary judgment granted in favor of defendant on Counts I, II, VII and VIII. The September 20, 2000 Order refers to the September 18, 2000 Order which denied plaintiffs' Motions to Reconsider and sustained the earlier grants of summary judgment. Although the September 18, 2000 Order was not specifically designated in the notice of appeal, it was sufficiently closely related to the judgment of September 20, 2000. See Burtell v. First Charter Service Corp., 76 Ill.2d 427, 437 (1979).
Accordingly, for the same reasons this court denied defendant's motion to dismiss, we find that this court has jurisdiction over this matter.
On July 15, 1996, Plaintiff Zhanetta Kaporovskaya was driving her automobile on Illinois Interstate 294 when her car was struck by a truck driven by Paul Stowe. As a result of the collision, Ms. Kaporovskaya's vehicle struck a median barrier and overturned. Ms. Kaporovskaya suffered injuries in the accident. Thereafter, Ms. Kaporovskaya and her husband filed a complaint against several defendants including Grecian Delight. The plaintiffs alleged two theories of liability against Grecian Delight: first, that Stowe was acting as an agent/employee of Grecian Delight when he caused plaintiffs injuries; and second, that Stowe was an employee of Motorsport Marketing, Ltd. and Grecian Delight was liable pursuant to a joint venture agreement with Motorsport Marketing , Ltd.
On March 1, 1996, Grecian Delight entered into a sponsorship agreement with Motorsport Marketing, Ltd. The agreement provided that Motorsport would promote Grecian Delight food products at various auto-racing venues. Under the agreement, Grecian Delight was the exclusive supplier of the products and Grecian Delight provided the food at no charge. Motorsport would sell the food at its own expense and retain all proceeds. Grecian Delight provided equipment for preparing and serving the food as well as t-shirts, hats, posters, sandwich wrappers and table tents. Motorsport was to display Grecian Delight's logo on its formula race cars, drivers' suits, crew uniforms, transporter and trailer. Motorsport was to participate in at least twenty racing events during the term of the agreement which expired at the end of 1997.
In 1996, Motorsport reserved space at the Summer Olympic Games in Atlanta, Georgia. Motorsport determined that it could use the space it had reserved to sell both Grecian Foods products as well as Lou Malnati's pizza. Motorsport, through Paul Stowe, contacted Lou Malnati's and purchased both pizza and pizza ovens to be used in Atlanta.
In order to transport all of the food products to Atlanta, Motorsport had obtained a trailer and a truck, however, Motorsport determined that it needed another truck. Motorsport informed Grecian Delight that they needed a truck to transport food to Atlanta and Grecian Delight was able to reserve a Ryder truck. A Motorsport employee picked-up the Ryder truck.
A few days prior to departure to Atlanta, Motorsport President Tommy Hormovitis determined that the Ryder truck was too small to carry the Grecian Delight food products to Atlanta. Mr. Hormovitis decided that the Ryder truck would instead be used to transport the Lou Malnati's pizzas and the pizza ovens. In all, Motorsport was using three vehicles driven by Motorsport personnel to transport various food products to Atlanta.
On July 15, 1996, Paul Stowe drove the Ryder truck which had been rented under the corporate account of Grecian Delight, to Northbrook, Illinois to pick up the Lou Malnati's pizzas. Then, Stowe drove to Addison, Illinois to pick up the pizza ovens. From there, Stowe departed for Glenview, Illinois in order to pick up an associate. While ...