Q&H Wins Two Wrongful Death Cases
Chicago shareholders Dan Gallagher and Terrence Guolee recently received orders from the Illinois Supreme Court finally dismissing two wrongful death cases involving accidental shootings with the duty weapons of a county Sheriff’s officers. The cases involved separate claims that the employing Sheriff’s department should be held liable for the officers’ failure to properly store their weapons in their homes when off-duty. In both cases it was conceded that the Sheriff properly trained on the importance of secure home storage of weapons and no direct negligence was alleged against the Sheriff. Rather, the claims were solely based on arguments that the Sheriff should be held liable under the theory of respondeat superior, asserting that the storage of the weapon was within the officers’ scope of employment.
Summary judgment orders were granted by the trial court in both cases, but different panels of the First District Appellate Court resolved the plaintiffs’ appeals quite differently, overturning the summary judgment order in the first case and affirming in the second. The cases then proceeded to the Illinois Supreme Court, where Querrey & Harrow successfully obtained leave to appeal the First District’s opinion overturning the first summary judgment. Querrey & Harrow then obtained a unanimous verdict which overturned the First District Appellate Court and reaffirming the summary judgment order of the trial court. The Illinois Supreme Court then denied plaintiff’s Petition for Rehearing of its decision and denied plaintiff’s leave to appeal in the second case, effectively terminating both cases.
Shareholder Jennifer Medenwald, Chair of Querrey & Harrow’s Appellate Litigation practice group assisted on this matter.
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Q&H Wins Boating Accident Case
Chicago shareholder Christopher Johnston successfully arbitrated a maritime case in April 2009. The claimant crew member suffered physical injuries and post-traumatic stress disorder following a boating accident that occurred in October 2007 when a sailboat crashed and sunk outside of the Calumet Harbor on the break wall. The boat’s owner and two of his other crew members died in the tragic accident.
The surviving claimant argued that the owner of the boat, whose estate Querrey & Harrow represented, was responsible for the wreck. Christopher successfully argued that one of the crew members fell overboard through no fault of the boat owner and it was during the emergency rescue that the boat drifted and struck the break wall causing the fatal injuries to the boat owner and the other two crew members, as well as the injuries suffered by the claimant. Based on these arguments, the arbitrator found in favor of the of the boat owner's estate and against the claimant.
