Andrews v. Metropolitan Water Reclamation District of Greater ChicagoAnnotate this Case
The Metropolitan Water Reclamation District entered into a contract with the Joint Venture, for the “Primary Settling Tanks and Grit Removal Facilities” project to be carried out at the Calumet water reclamation plant. Under the contract, the Joint Venture was responsible to determine the procedures and methods for the work and furnish all temporary structures and safety equipment and was responsible for the safety of all personnel on the worksite. The contract required the Joint Venture to submit plans for the work to the District’s engineer but state that the engineer’s acceptance of the plans did not relieve the Joint Venture of its responsibility for safety, maintenance, and repairs on the project. Andrews, a Joint Venture employee, suffered severe, career-ending head injuries while working on the project.
In a suit alleging construction negligence, willful and wanton construction negligence, and loss of consortium, the District alleged immunity under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-109, 2-201). The Illinois Supreme Court concluded that the District was not entitled to summary judgment of immunity. The Act immunizes a local governmental entity from liability for injuries arising out of its employee’s acts or omissions while determining policy and exercising discretion. The District did not provide evidence that its employees made discretionary or policy decisions with respect to the two-ladder configuration that resulted in Andrews’s injuries. Seven witnesses testified that no District employees weighed in on worksite safety decisions.