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FERENTCHAK v. VILLAGE OF FRANKFORT

Nos. 59817, 59819 cons.

105 Ill.2d 474 (1985)

475 N.E.2d 822

PHILIP J. FERENTCHAK et al., Appellees and Appellants, v. THE VILLAGE OF FRANKFORT et al., Appellees (Robert Hamilton, Appellant).

Supreme Court of Illinois.

Rehearing denied March 29, 1985.

Attorney(s) appearing for the Case

Thomas, Wallace, Feehan, Baron & Kaplan, Ltd., of Joliet (Robert J. Baron and Richard W. Froelich, of counsel), for appellant Robert E. Hamilton.

Dunn, Leinenweber & Dunn, Ltd., of Joliet (Harry D. Leinenweber, of counsel), for appellees and appellants Philip J. Ferentchak et al.

McKenna, Storer, Rowe, White & Farrug, of Wheaton (Mark A. Pheanis and John C. Bartler, of counsel), for appellee Village of Frankfort.

Fohrman, Lurie, Sklar & Simon, Ltd., of Chicago (Steven G.M. Stein, Mark C. Friedlander, and Paul M. Lauri, of counsel), for amici curiae American Institute of Architects and Illinois Council of Architects.

Kirkland & Ellis, of Chicago (Philip F. Purcell, James N. Nowacki, and Mark A. Orloff, of counsel), for amicus curiae Skidmore, Owings & Merrill.

O'Brien, O'Rourke, Hogan & McNulty, of Chicago (LaDonna M. Loitz and Donald V. O'Brien, of counsel, and Anne E. Schless, law student), for amici curiae Associated General Contractors of Illinois et al.

Appellate court affirmed in part and reversed in part; circuit court reversed.)

JUSTICE SIMON delivered the opinion of the court:

This appeal raises two questions: (i) whether a civil engineer can be held liable for failure to establish minimum foundation grade levels for the plaintiffs' home when the engineer drew up surface water drainage plans for a custom home subdivision at the request, not of the plaintiffs, but of the subdivision developer; and (ii...

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