Chicago shareholders Terrence Guolee and Dan Gallagher recently obtained an order for the Illinois First District Appellate Court affirming the summary judgment they obtained in a wrongful death case filed against a municipal Sheriff's office. The case involved the accidental shooting of a minor by the son of a Sheriff's Lieutenant who improperly accessed his father's service weapon. On appeal, the appellate court accepted arguments that the Sheriff's office should be immune under the Illinois Tort Immunity Act Section 2-204 for claims based solely on issues of Respondiat Superior (employer liability for acts of employees in the course and scope of their employment). While a few different Federal District Court judges have applied Section 2-204 in this manner, this is the first known order by an Illinois appellate court holding this way. Currently, a motion seeking to have this decision published is pending before the court.
Rear-end Accident? No Problem.
Wheaton shareholder Jim Jendryk recently obtained a not guilty award for his client, who was alleged to have rear ended the plaintiff's car, in a binding arbitration. In the case, the plaintiff was stopped for traffic and claimed she was hit following seeing Jim's client "standing on his breaks" and running into her car. Conversely, Jim's client testified he had come to a full stop when he was hit from behind by another car. The driver of that car testified that Jim's client's break lights were not working, and similarly pointed the blame at Jim's client. Plaintiff sustained a cervical injury, requiring fusion and medical expenses in excess of $140,000. In addition, there was projected future medical in excess of $100,000 documented by physician's testimony. Following settlement of plaintiff's claims against the driver of the other car, the case proceeded to binding arbitration, where plaintiff argued that either Jim's client came to a sudden stop, which did not permit the co-defendant to adequately alter her speed to avoid contact, or the brake lights were not working at the time.
