2022 IL App (1st) 210794 No. 1-21-0794 Third Division May 18, 2022 ____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ____________________________________________________________________________ ROBERT LUKANTY, ) Appeal from the Circuit Court ) of Cook County. Plaintiff-Appellant, ) ) v. ) No. 19 L 5873 ) MILOSZ A. MOGLINICKI; GEMINI GREEN ) PROPERTY, LLC; CELINA MICKO; BILL ) The Honorable MICKO, d/b/a Elite Stone, Inc.; and ) Moira S. Johnson, STANLEY DLUBACZ, ) Judge Presiding. ) Defendants ) ) (Milosz A. Moglinicki, Gemini Green Property, ) LLC, and Bill Micko d/b/a Elite Stone, Inc., ) Defendants-Appellees). ) ____________________________________________________________________________ PRESIDING JUSTICE GORDON delivered the judgment of the court, with opinion. Justices McBride and Ellis concurred in the judgment and opinion. No. 1-21-0794 OPINION ¶1 In the case at bar, plaintiff, Robert Lukanty, was injured when a refrigerator that he was helping move at the behest of defendant Milosz A. Moglinicki 1 at Moglinicki’s property fell, trapping plaintiff’s right middle-finger against the floor. As a result of this incident, plaintiff’s right middle-finger was severed. Plaintiff subsequently filed suit against defendant. 2 Plaintiff’s initial complaint consisted of two counts: premises liability and negligence “(in the alternative)”. About 10 months after the filing of the complaint, plaintiff’s counsel purportedly entered into a global settlement agreement, settling all of his claims against Moglinicki, Gemini Green Property, LLC, and Bill Micko d/b/a Elite Stone, Inc., for $29,000. However, plaintiff refused to sign a release of his claims against those defendants, contending his counsel lacked authority to settle the lawsuit for that amount. Defendants filed an emergency motion to enforce settlement. After a hearing, the trial court granted defendants’ emergency motion to enforce settlement, and plaintiff appeals. Pursuant to this court’s order to supplement the record on appeal, plaintiff filed a certified agreed statement of facts on April 5, 2022. For the reasons set forth below, we reverse. ¶2 I. BACKGROUND ¶3 As noted, plaintiff filed a two-count complaint against defendant Moglinicki. The allegations are based on an injury sustained by plaintiff on defendant’s property on January 26, 2019. According to the complaint, plaintiff was hired as an independent contractor to provide 1 This is the correct spelling of Milosz A. Moglinicki’s first and last name. Throughout the litigation, numerous typographical errors were made regarding Moglinicki’s name. Several iterations of the caption appeared in the proceedings below. Here, we use the caption as it appears on the trial court’s order granting motion to enforcement settlement, which is the subject of this appeal. 2 The complaint was later amended twice and in its most recent version included Gemini Green Property, LLC; Celina Micko; Bill Micko, d/b/a Elite Stone, Inc.; and Stanley Dlubacz as additional defendants. 2 No. 1-21-0794 flooring work at defendant’s property. After plaintiff finished the flooring work, defendant requested that plaintiff help him carry a refrigerator into defendant’s property. Defendant instructed another person and plaintiff to use a rolling dolly to move the refrigerator up the stairs located at the front of the property. Plaintiff alleges that defendant …
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