Enbridge Energy, Limited Partnership v. Village of Romeoville

Illinois Appellate Court
Civil Court
Breach of Contract
Citation
Case Number: 
2020 IL App (3d) 180060
Decision Date: 
Friday, January 31, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed in part and affirmed in part; remanded with instructions.
Justice: 
SCHMIDT

(court opinion corrected 2/26/20.) After 2-week jury trial, verdict of $45.49 million judgment for damages entered, from release of crude oil in Romeoville, on breach of contract claim. Plaintiff operates crude oil pipelines throughout the U.S., and Defendant manufactures concrete products, and installed a cast iron water service line with a cement lining to provide industrial-level supply of water to its building in Romeoville. Plaintiff failed to meet its burden, on breach of contract claim, to prove that Defendant failed to maintain the water service line so it would not unreasonably interfere with the oil pipeline, but evidence showed that leak was from corrosion and not a result of deficient maintenance. Prior leak evidence and installation error evidence are inadmissible. Defendant was entitled to judgment notwithstanding the verdict on contract and negligence claims. Court properly granted summary judgment for Village based on Tort Immunity Act. (CARTER and McDADE, concurring.)