Ashmore v. Board of Trustees of the Bloomington Police Pension Fund

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
2018 IL App (4th) 180196
Decision Date: 
Sunday, December 23, 2018
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

Plaintiff, a former police officer, filed application for disability pension benefits, for injury from a fall while he was pushing a stranded motorist's vehicle out of the snow. Board's finding that Plaintiff was not disabled was against manifest weight of the evidence. As the stuck vehicle was partially obstructing traffic and was blocking an entrance to an apartment complex, Plaintiff was performing his duty of keeping the roadway clear of obstructions and allowing tenants to enter and exit their residences. Plaintiff's actions in pushing vehicle out of snow qualify as an "act of duty" for which he is entitled to a line-of-duty pension. (KNECHT and DeARMOND, concurring.)