A guest on one of the most recent ACSM Radio hour shows, from Aug 29, Dick Bales (spelling?), who works for Chicago Title Insurance Co, made reference to a landmark case dealing with surveyor liability. The case was from the Illinois supreme court and I couldnt make out the name of the case. It was something like "Rosney vs. Bartle". Can anyone cite this case correctly, and better yet post a link where the case can be downloaded and/or read?
This may be it:
And here's the ...
Appeals Court ruling that the above ISC overturned:
Dave,
That's the one. Thank you!
Rosney is often cited as the landmark case on third party liability, but if you read it closely, it's also a lot about being held to preposterous claims. Like using the words "exact", "accurate", and "correct".
"Guarantee of Absolute Accuracy" is quoted numerous times in both the circuit and supreme court decisions. Who would ever put that on their plat today?
Case is landmark decision because the Circuit decision was upheld by the Illinois Supreme Court, overturning the Appellate Court.
http://174.123.24.242/leagle/xmlResult.aspx?xmldoc=19699743Ill2d54_193.xml&docbase=CSLWAR1-1950-1985
However, the original survey was done in the fifties, prior to the Statute of Limitations cited below.
(735 ILCS 5/13?222) (from Ch. 110, par. 13?222)
Sec. 13?222. Action against land surveyor.
(a) Registered land surveyor. No action may be brought against a registered land surveyor to recover damages for negligence, errors or omissions in the making of any survey nor for contribution or indemnity related to such negligence, errors or omissions more than 4 years after the person claiming such damages actually knows or should have known of such negligence, errors or omissions. This Section applies to surveys completed after July 26, 1967. This subsection (a) applies only to causes of action accruing before the effective date of this amendatory Act of the 92nd General Assembly.
(b) Professional land surveyor. No action may be brought against a professional land surveyor to recover damages for negligence, errors, omissions, torts, breaches of contract, or otherwise in the making of any survey, nor contribution or indemnity, more than 4 years after the person claiming the damages actually knows or should have known of the negligence, errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the time of the act or omission. Any person who discovers the act or omission before expiration of the 10?year period, however, may in no event have less than 4 years to bring an action. Contract actions against a surety on a payment or performance bond must be commenced within the same time limitation applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under a legal disability, the period of limitation does not begin to run until the person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92?265, eff. 1?1?02.)
I haven't yet read the case in detail, but thanks Marc for your follow up post. Interesting that Illinois statute apparently makes a distinction between a registered land surveyor and a professional land surveyor. If you know, what's the distinction in the law between these two classifications? On a quick read, I had a hard time distinguishing a meaningful difference between a) and b) of the quoted statute.
Is the key that a) applies only to surveys after 1967, whereas b) applies to the surveys done after 2002? And thus, in the 1950's there was no applicable statute governing this? Perhaps the distinction in name between "registered" and "professional" is in name only, during specified time periods, and thus there is no overlap? That is, in 2002, registered land surveyors were renamed "professional land surveyors" according to Illinois law?
I believe that sounds about right. The original "Professional" Land Surveyors Act was in 1989. Prior to that Land Surveyors were "Registered". Our Act is subject to sunset expiration and must be renewed every ten years by the General Assembly, so it had to be renewed in 1999 and 2009, as well as amended as necessary in the years between renewals. I believe the Limitations clause was amended in 2002, that's why that date appears.