Querrey & Harrow attorneys made very unusual “back-to-back” appearances before the Illinois Supreme Court on November 18 and 19, 2008.
In the first case, Shareholders Terrence Guolee and Dan Gallagher, appeared on behalf of the Sheriff of Cook County in a wrongful death case addressing whether a municipal police agency such as the Sheriff can be held liable for the accidental shooting that occurred when an officer's duty handgun was found by the officer's son. Conceding that the Sheriff’s training to officers on safe home weapon storage was proper and detailed, plaintiffs instead sought recovery based on respondeat superior liability theories, asserting that storage of the weapon was part of the officer’s scope of employment. Our office was joined in briefing by amici the Illinois Municipal League, the Chiefs of Police of the Intergovernmental Risk Management Agency, and the South Suburban Chiefs of Police.
In the second case, Jennifer Medenwald, Chair of the firm’s Appellate and Insurance Coverage Practice Groups, appeared on behalf of the Village of Palatine and 3 of its police officers in another wrongful death case. Jennifer’s case involves the interpretation and interplay of the Illinois Domestic Violence Act and Illinois’ Tort Immunity Act.
The outcome of both cases will have significant impacts on the legal duties of police departments throughout the state. Decisions from the court are expected this Winter. Internet videos and audio of the arguments are available at http://www.state.il.us/court/Media/On_Demand.asp - case names: “Adames v. Sheahan 11/18/08” and “Lacey v. Village of Palatine 11/19/08.”
Querrey & Harrow is a 75-attorney multi-service law firm with offices throughout greater metropolitan Chicago, and in Merrillville, Indiana.
[Editor's Update: On February 20, 2009 the Illinois Supreme Court ruled in favor of our client's position in the Lacey matter. A copy of the decision can be read at: http://www.state.il.us/court/Opinions/SupremeCourt/2009/February/106353.pdf. An overview of the Court's decision will follow in our March 2009 monthly newsletter. The Adames case remains under advisement with the Court.]
