Court of Appeals of Illinois, First District, First Division
Appeal from the Circuit Court of Cook County. No. 2013 M1 12709. Honorable Cynthia Cobbs, Judge Presiding.
In an action arising from a vehicular accident in which plaintiff's car was damaged when struck by a vehicle owned by defendant company and driven by one of defendant's employees, who was also named as a defendant, the release signed by plaintiff in an earlier action involving the same accident clearly released defendants from any claims based on the accident, including property damage claims, notwithstanding plaintiff's contentions that the parties did not intend to release plaintiff's property damage claims, plaintiff showed that both parties knew of plaintiff's claim for property damage to his vehicle prior to the time plaintiff executed the release, and the release contained several general releases; therefore, the trial court properly dismissed plaintiff's complaint for property damage pursuant to section 2-619(a)(6) of the Code of Civil Procedure.
For Appellant: Scott L. Spiegel, of counsel, Law Office of Daniel E. Goodman, LLC, Rosemont, IL.
For Appellees: Thomas C. Wolter, of counsel, Law Office of David A. Izzo, Chicago, IL.
JUSTICE HARRIS delivered the judgment of the court, with opinion. Justices Cunningham and Connors concurred in the judgment and opinion.
[¶1] Plaintiff, Gerson Badette, filed a complaint sounding in negligence against defendants, Albertano Rodriguez and Quality Building Supply Company, seeking recovery for damages sustained to his car after an October 12, 2011, car accident. The circuit court granted defendants' motion to dismiss pursuant to section 2-619(a)(6) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(6) (West 2012)) based on a release signed by plaintiff in connection with a 2012 suit plaintiff filed against defendants stemming from the same accident. At issue is whether the circuit court erred when it dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code (735 ILCS 5/2-619(a)(6) (West 2012)) based on the release signed by plaintiff. We hold the circuit court did not err when it dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code (735 ILCS 5/2-619(a)(6) (West 2012)) because the clear and unambiguous terms of the release bar the cause of action plaintiff raises in his complaint.
[¶3] On August 19, 2013, the circuit court dismissed plaintiff's complaint pursuant to section 2-619(a)(6) of the Code. 735 ILCS 5/2-619(a)(6) (West 2012). On September 13, 2013, plaintiff timely appealed. Accordingly, this court has jurisdiction pursuant to Illinois Supreme Court Rules 301 and 303 governing appeals from final judgments entered below. Ill. S.Ct. R. 301 (eff. Feb. 1, 1994); R. 303 (eff. May 30, 2008).