Plaintiff filed wrongful death and negligence complaint against deputy and sheriff's department seeking damages related to a high-speed pursuit, which resulted in death of passenger and bodily injury to driver, when deputy's squad car struck their vehicle. Jury verdict for Plaintiffs, but court granted Defendants' motion for judgment n.o.v. and a new trial. Evidence was sufficient to create issue of fact as to whether deputy's conduct was willful and wanton such that deputy was liable for his actions as employee of sheriff's department.Deputy had radioed that he was driving at 100 mph. Based on witness testimony and department's pursuit policy, jury had a basis for concluding that crash was of the type that a reasonable person would foresee as a likely result of a high-speed pursuit through an intersection, and thus proximate cause element was met. Jury could have reasonably determined that driver's failure to seek and follow advice of her doctor contributed to her emotional pain and suffering, and thus assessed a percentage of fault to her for her own claim but not to passenger's claim. (CARTER and HOLDRIDGE, concurring.)
Illinois Appellate Court
Civil Court
Negligence