Zwicky v. Freightliner Custom Chassis Corp.

              No. 2--05--1177 Filed: 4-25-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
MICHAEL G. ZWICKY and RITA L. ) Appeal from the Circuit Court
ZWICKY, ) of McHenry County.
)
Plaintiffs-Appellants, ))
v. ) No. 04--LA--147
)
FREIGHTLINER CUSTOM CHASSIS )
CORPORATION, FLEETWOOD MOTOR )
HOMES OF INDIANA, INC., and RAND )
THOMPSON, INC., d/b/a Crystal Valley RV, ) Honorable
) Michael J. Sullivan,
Defendants-Appellees. ) Judge, Presiding.
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JUSTICE GILLERAN JOHNSON delivered the opinion of the court:
The plaintiffs, Michael and Rita Zwicky, brought claims against the defendants for breach
of express and implied warranties and for revocation of acceptance. On October 26, 2005, the trial
court granted summary judgment in favor of the defendants on all counts of the plaintiffs' complaint,
finding that pursuant to Supreme Court Rule 216 (134 Ill. 2d R. 216), the plaintiffs were deemed to
have made certain admissions as a result of their failure to answer requests for admissions, and that
these admissions prevented them from recovering on their claims as a matter of law. On appeal, the
plaintiffs argue: (1) that their failure to answer the requests for admissions should not be treated as
admissions; and (2) that even if the requests for admissions are all deemed admitted, summary
judgment was improper because the admissions do not preclude them from recovering on their