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Waugh v. Morgan Stanley & Co.

Waugh v. Morgan Stanley & Co.

Appellate Court of Illinois, First District, Fourth Division

March 1, 2012, Decided

Nos. 1-10-2653, 1-10-2662, 1-10-2885, 1-10-3410 (cons.)

Opinion

 [*P1]  [****222]  [**543]    The instant cause involves multiple actions stemming from claims brought following a fatal airplane crash. Appellants Morgan Stanley Company, the estate of Scott Garland, and the estate of Mark Turek appeal from orders of the trial court granting partial summary judgment to appellees Howard Levinson and Hark Corporation on all claims alleging educational malpractice. Appellants contend that the trial court erred by characterizing their claim as sounding in the tort of educational malpractice rather than ordinary negligence. Counterdefendant-appellee Recurrent Training Center, Inc., challenges this court's jurisdiction of this cause and asks that we dismiss the cross-appeal filed against it as untimely. For the following reasons, we affirm.

 [*P2]  BACKGROUND

 [*P3]  These consolidated appeals stem from a fatal plane crash. On January 30,  [****223]   [**544]  2006, Mark Turek, the pilot in command of  [***2] a Cessna 421B aircraft,1 and three passengers, Kenneth Knudson, Scott Garland, and Michael Waugh, were en route from a Kansas airport to the Palwaukee Municipal Airport in Wheeling, Illinois, following a business trip. As Turek piloted the Cessna 421B for landing at the airport, the aircraft crashed, killing all four occupants on board.

 [*P4]  Prior to the occurrence, Turek received flight simulator training from defendant Arr-ow II, In., flight instruction from defendant Recurrent Training Center (Recurrent), and a five-hour flight observation and instruction from defendant Levinson. Multiple wrongful death and contribution actions were commenced subsequent to the incident, and those actions were later consolidated for discovery at the circuit court. The Waugh, Knudson, and Garland plaintiffs all filed complaints against multiple defendants, including Morgan Stanley and Turek. Defendant/third-party plaintiff Morgan Stanley filed third-party complaints and counterclaims for contribution in the Waugh, Knudson, and Garland actions against defendants/third-party defendants Levinson and Hark. Defendants/counterplaintiffs Levinson and Hark filed a counterclaim for contribution against Arr-ow, alleging negligent instruction.

 [*P5]  In their complaints, the plaintiffs alleged, in pertinent part, that their decedents' deaths were proximately caused by the negligence of Turek and Morgan Stanley, as well as other parties. Allegations included that Morgan Stanley's employee,  [***4] Turek, piloted the aircraft in a negligent manner and that Morgan Stanley was vicariously liable for Turek's negligence. In its third-party complaint and counterclaims for contribution, Morgan Stanley, along with other parties, alleged that Arr-ow and Recurrent (flight schools) negligently provided flight training to Turek, which contributed to the crash.

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2012 IL App (1st) 102653 *; 966 N.E.2d 540 **; 2012 Ill. App. LEXIS 133 ***; 359 Ill. Dec. 219 ****; 2012 WL 695715

LISA WAUGH, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh and Jameson Waugh, Minor Children, Plaintiff, v. MORGAN STANLEY AND COMPANY, INCORPORATED, and DONNA TUREK, Independent Administrator of the Estate of Mark Turek, Deceased, Defendants (DONNA TUREK, Independent Administrator of the Estate of Mark Turek, Deceased; Morgan Stanley and Company, Inc., et al., Counter/Plaintiff-Appellant and Cross-Appellee, Randall D. Repke, Independent Executor of the Estate of Kenneth Knudson, Deceased; H.K. Golden Eagle, Inc.; Sybaris Clubs International, Inc.; Galt Airport, L.L.C.; and Recurrent Training Center, Inc.; Arr-ow 2, Inc., d/b/a Glass Simulator Center; Gene Littlefield Advanced Simulator Systems, d/b/a Glass Simulator Center; Howard D. Levinson; and Hark Corporation, Counter/Defendants-Appellees and Cross-Appellants).JENNIFER E. GARLAND, Independent Administrator of the Estate of Scott A. Garland, Deceased, Plaintiff, v. T.W. SMITH ENGINE COMPANY, INC., a Corporation, et al., Defendants (Howard Levinson and Hark Corporation, Defendants-Appellees; Randall Repke, as Independent Executor of the Estate of Kenneth Knudson, Deceased, Counter/Plaintiff and Cross-Appellant; Donna Turek, Independent Administrator of the Estate of Mark Turek; Morgan Stanley and Company, Incorporated; Morgan Stanley DW, Incorporated; Counter/Defendants, Recurrent Training Center, Inc.; Arr-ow 2, Inc., d/b/a Glass Simulator Center; and Gene Littlefield Advanced Simulator Systems, d/b/a Glass Simulator Center, Counter/Defendants and Cross-Appellees).LISA A. WAUGH, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh, and Jameson Waugh, Minor Children, Plaintiff, v. MORGAN STANLEY AND COMPANY, INCORPORATED and THE ESTATE OF MARK TUREK, Defendants (Morgan Stanley and Company, Incorporated, Third-Party Plaintiff-Appellant, Howard D. Levinson and Hark Corporation, et al., Third-Party Defendants and Appellees).LISA A. WAUGH, as Surviving Spouse of Michael Patrick Waugh, Deceased, and as Special Administrator of the Estate of Michael Patrick Waugh, and as Mother and Natural Guardian of Joseph Waugh, Jordan Waugh, and Jameson Waugh, Minor Children, Plaintiff, v. MORGAN STANLEY AND COMPANY, INCORPORATED and THE ESTATE OF MARK TUREK, Defendants (Morgan Stanley and Company, Inc.; Third-Party Plaintiff-Appellant, Howard D. Levinson and Hark Corporation, et al., Third-Party Defendants-Appellees).

Subsequent History: Petition denied by Waugh v. Morgan Stanley & Co., Inc., 979 N.E.2d 890, 2012 Ill. LEXIS 1021, 366 Ill. Dec. 89 (Ill., Sept. 26, 2012)

Petition denied by Waugh v. Morgan Stanley & Co., Inc., 979 N.E.2d 890, 2012 Ill. LEXIS 1023, 366 Ill. Dec. 89 (Ill., Sept. 26, 2012)

Appeal denied by Waugh v. Morgan Stanley & Co., 979 N.E.2d 890, 2012 Ill. LEXIS 1044, 366 Ill. Dec. 89 (Ill., Sept. 26, 2012)

Appeal denied by Waugh v. Morgan Stanley & Co., 979 N.E.2d 890, 2012 Ill. LEXIS 1493, 366 Ill. Dec. 89 (Ill., Sept. 26, 2012)

Related proceeding at Garland v. Morgan Stanley & Co., 2013 IL App (1st) 112121, 996 N.E.2d 188, 2013 Ill. App. LEXIS 621, 374 Ill. Dec. 741 (Sept. 12, 2013)

Related proceeding at Garland v. Sybaris Club Int'l, Inc., 2014 IL App (1st) 112615-U, 2014 Ill. App. Unpub. LEXIS 2163 (Sept. 30, 2014)

Prior History:  [***1] Appeal from the Circuit Court of Cook County. Nos. 06L1410, 06L5121, 06L6532, 08L613, 10L4345 (cons.). The Honorable Irwin J. Solganick, Judge Presiding.

Pekin Ins. Co. v. Recurrent Training Ctr., Inc., 2011 Ill. App. Unpub. LEXIS 475 (Mar. 23, 2011)

Disposition: Affirmed.

CORE TERMS

malpractice, training, aircraft, instruct, Recurrent, flight, trial court, pilot, parties, teach, crash, allegations, safe, fly, instructor, malpractice claim, counterclaims, landing, ordinary negligence, notice of appeal, summary judgment, cognizable, airplane, properly train, sounded, courts, summary judgment motion, reasonable care, third person, consolidated

Civil Procedure, Summary Judgment, Supporting Materials, General Overview, Appeals, Summary Judgment Review, Standards of Review, Entitlement as Matter of Law, Genuine Disputes, Legal Entitlement, Education Law, Civil Liability, Educational Malpractice, Subject Matter Jurisdiction, Jurisdiction Over Actions, Governments, Courts, Rule Application & Interpretation, Appellate Jurisdiction, Interlocutory Orders, Notice of Appeal