Winston v. City of Chicago

Illinois Appellate Court
Civil Court
Summary Judgment
Case Number: 
2019 IL App (1st) 181419
Decision Date: 
Friday, August 16, 2019
1st Dist.
Cook Co., 6th Div,
Reversed and remanded.

Plaintiffs were injured when vehicle they were in was hit by a vehicle which was being pursued by city police officers for fleeing a traffic stop for driving without a front license plate. Officers' vehicle was traveling at 55 mph in a 2-lane residential street with 30 mph speed limit, in violation of city police pursuit policy which prohibits pursuit when the most serious offense for which the vehicle is wanted is a non-hazardous traffic offense. Court erred in finding that Plaintiffs failed to show willful or wanton conduct or proximate causation on the part of the City defendants, and in granting summary judgment for those defendants. (DELORT and CUNNINGHAM, concurring.)