Rodriguez v. Frankie's Beef/Pasta and Catering

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 113155
Decision Date: 
August 14, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Affirmed.
Decedent had altercation with co-worker, who shot him the next day. Employer did not direct or expressly authorize shooting and was unaware of tensions prior to altercation. Thus, death was "accidental" under Workers' Compensation Act, and Decedent's sole remedy against employer is under the Act. Plaintiff cannot recover common law damages against employer for shooting, and thus cannot bring claim against employer for negligently hiring/retaining shooter based on shooting. (QUINN and CUNNINGHAM, concurring.)