Marquardt v. City of Des Plaines

Illinois Appellate Court
Civil Court
Public Safety Employee Benefits Act
Citation
Case Number: 
2018 IL App (1st) 163186
Decision Date: 
Tuesday, February 6, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
PUCINSKI

Former police officer filed complaint against City after it denied his request for benefits under Public Safety Employee Benefits Act. Officer sustained "catastrophic injury" (when he suffered meniscus tears in knee when climbing ladder to inspect load on overweight truck) because injury resulted in him being awarded a line-of-duty disability pension. Officer's knee injury was clearly a consequence or effect of driver's unlawful act of driving overweight truck, and injury was sustained because of driver's unlawful conduct. Thus, injury was "the result of" an "unlawful act perpetrated by another" within meaning of Act, and court properly entered judgment for officer.(NEVILLE, concurring; MASON, dissenting.)