Appellate Court of Illinois

Judgment against the defendant on a claim of breach of workmanlike warranty after defendant damaged an an in-floor heating system during installation after an arbitrator found for defendant and third party contractor defendant is affirmed where: 1) the defendant waived the issue as to whether the court erred when it found the action to be a contract case instead of a negligence case; 2) the acts and the words of the plaintiff, defendant, and third party defendant were enough to establish a valid contract between plaintiff and defendant; 3) the trial court did not abuse its discretion in certifying plaintiff's witnesses as experts; 4) the trial court did not err when it found that plaintiff's failure to add antifreeze to the heating system constituted a breach of the contract's implied warranty of reasonable workmanship; 5) defendant waived any error regarding the amendment to the prayer for relief on the day of the trial raising the amount of relief requested; and 6) the court will not sua sponte raise the issue of damages.

Appellate Information

• Decided 06/14/2007
• Published 06/14/2007

Judges

• Justice HOLDRIDGE delivered the Opinion of the Court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Janet Doig (argued), Chana, for Edward Woods., Daniel A. Fish (argued), Dixon, for Helen E. Meyers., Robert T. Park (argued), Snyder, Park & Nelson, P.C., Rock Island, for Brad Folkers.