Gernaga v. City of Chicago

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2015 IL App (1st) 130272
Decision Date: 
Friday, May 8, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed.
Justice: 
HALL
Plaintiff sought administrative review of decision of City's Department of Administrative Hearings finding him liable for violating Municipal Code ordinance known as "Automated Red Light Camera Program". Plaintiff's expert testified that short durations of yellow light at intersection were not in compliance with city, state and federal regulations. ALJ's finding of liability was not against manifest weight of evidence. Undisputed photographic and video evidence showed that Plaintiff's vehicle entered intersection after traffic signal turned red, which was prima facie evidence of a red-light traffic violation under Section 9-102-020(d) of Municipal Code. Reliability of expert was called into question by mathematical error and conflict between expert's testimony and affidavit.(HOFFMAN and ROCHFORD, concurring.)