Cosgrove v. Commonwealth Edison Co.
315 Ill. App. 3d 651, 248 Ill. Dec. 447, 734 N.E.2d 155 (2000)
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Rule of Law:
The doctrine of res ipsa loquitur may apply against a gas company for damages caused by a leaking gas main even when the ignition source is an instrumentality controlled by a third party. If escaping gas is a proximate cause of an injury, the immediate cause of ignition is irrelevant to the gas company's liability.
Facts:
- A natural gas pipeline owned by Northern Illinois Gas Company (NiGas) ran in an alley behind Adeline Cosgrove's residence.
- On July 25, 1995, Cosgrove and her roommate, William Bozic, observed power lines owned by Commonwealth Edison (ComEd) sparking in the alley.
- At approximately 3 a.m. on July 26, 1995, during a storm, a fire erupted in the alley.
- Bozic witnessed a ComEd electrical wire fall to the ground, and a nearby tree caught fire.
- Both Cosgrove and Bozic observed a tall blue flame shooting up from the ground during the fire.
- Several hours after the fire was extinguished, fire department personnel were recalled to the scene due to a smell of gas and detected a leak in the NiGas gas line.
- When NiGas repaired the leak, its crew removed the damaged piece of pipe, which was subsequently lost or destroyed.
Procedural Posture:
- Adeline Cosgrove sued Northern Illinois Gas Company (NiGas) and Commonwealth Edison (ComEd) in the Circuit Court of Du Page County, a state trial court.
- Cosgrove's second amended complaint alleged negligence and res ipsa loquitur against both defendants, and spoliation of evidence against NiGas.
- ComEd filed a counterclaim for contribution against NiGas.
- The trial court granted summary judgment in favor of NiGas on all counts Cosgrove brought against it.
- The trial court also granted summary judgment for NiGas on ComEd's counterclaim.
- The trial court granted summary judgment in favor of ComEd on Cosgrove's res ipsa loquitur claim.
- Cosgrove appealed the summary judgments against her. ComEd appealed the summary judgment dismissing its counterclaim against NiGas to the appellate court.
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Issue:
Does the doctrine of res ipsa loquitur apply against a gas company for a fire allegedly caused by a leaking gas pipe when a downed power line owned by another utility provided the ignition source?
Opinions:
Majority - Justice McLaren
Yes. The doctrine of res ipsa loquitur applies against a gas company for a fire caused by its leaking pipe, even if another instrumentality provides the ignition source. The court reasoned that a ruptured gas line feeding a fire does not ordinarily occur in the absence of negligence, as gas mains are buried and under the exclusive control of the gas company. The court held that the downed power line was merely a condition that acted upon the release of gas, and if escaping gas is a proximate cause of injury, the immediate cause of ignition is irrelevant. Conversely, the court found res ipsa loquitur did not apply to ComEd because a downed power line can be caused by non-negligent events like a storm, meaning the occurrence was not one that happens only due to negligence.
Analysis:
This case clarifies the application of res ipsa loquitur in scenarios involving multiple instrumentalities and reinforces the high standard of care imposed on entities handling inherently dangerous substances. By distinguishing between a gas leak (which implies negligence) and a downed power line during a storm (which does not), the decision provides a clear analytical framework for future cases against utility companies. The ruling establishes that the 'exclusive control' element of res ipsa loquitur is not defeated when a third-party's instrumentality merely provides a condition, like ignition, for the defendant's negligence to cause harm.
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