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Lulay v. Parvin8/25/2005
Plaintiff, Kristina Lulay, filed a complaint against defendants, Randy Parvin and Walters Brothers Harley-Davidson, Inc. (Walters Brothers), seeking damages for injuries received in a motorcycle accident. The trial court granted summary judgment in favor of Parvin and Walters Brothers, and Lulay appeals that decision.
BACKGROUND
Lulay and Parvin were both employees of Walters Brothers. Walters Brothers allows its employees to use company-owned motorcycles for their personal use. On September 5, 1998, Lulay signed a release which, on its face, exculpates Walters Brothers, its employees and agents from any claims resulting from Lulay's participation in a "demonstration ride on September 5, 1998." In the release, Lulay agreed to assume the risk of any accident or personal injury that she might suffer as a result of her participation in the demonstration ride on September 5, 1998. "During Term of Employment" is written after the word "Dated" on the signature line.
At approximately 10:20 p.m., on September 19, 1998, while Lulay was a passenger on a motorcycle owned by Walters Brothers and operated by Parvin with Walters Brothers' permission, Parvin collided with a vehicle driven by Carrie Smock. Lulay was thrown from the motorcycle. Lulay filed suit, ultimately filing an amended complaint against Smock, Parvin and Walters Brothers. Count I seeks relief from defendant Smock and is not relevant to this appeal. Count II seeks relief from Parvin on a theory of negligence; counts III and IV are directed toward Walters Brothers under theories of vicarious liability and negligent entrustment, respectively. Walters Brothers and Parvin filed, inter alia, answers and affirmative defenses to plaintiff's amended complaint.
Ultimately, Walters Brothers and Parvin moved for summary judgment, which was granted by the trial court. The trial court relied on the release as the basis for its summary judgment award.
ANALYSIS
The issue before this court is whether it was error for the trial court to grant summary judgment in favor of Parvin and Walters Brothers and against Lulay.
On appeal, the reviewing court applies a de novo standard of review to a grant of summary judgment. General Casualty Insurance Co. v. Lacey, 199 Ill. 2d 281, 284, 769 N.E.2d 18, 20 (2002). Thus, the reviewing court, when viewing the evidence in the light most favorable to the non-movant, must determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Majca v. Beekil, 183 Ill. 2d 407, 416, 701 N.E.2d 1084, 1088 (1998).
I. Construction of Release
First, we consider the release. Lulay argues that the terms of the release only apply to the demonstration ride of September 5, 1998. She argues that the release does not apply to the incident which occurred on September 19, 1998, when Lulay and Parvin were using the motorcycle at about 10:20 p.m. for their sole personal use, benefit and enjoyment. Lulay claims that the release, on its face, shows that it did not extend to the use of the motorcycle on September 19, and therefore, the release does not apply and the court erred in finding, as a matter of law, that it did.
Defendants claim that because "During Term of Employment" is written in the blank on the signature line after "Dated," the release was intended to apply during the duration of Lulay's employment with Walters Brothers for all rides, including rides for employees' sole personal use. Walters Brothers argues that the intent of the parties should be considered and states that the parties' intent was to have the release apply during the length of thei
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