Three persons, at 2 a.m., burglarized an electronics store, then attempted to escape in a stolen van; police appeared and fired 76 rounds at the van as it burst from the store's garage door. One of the men died of his injuries, and the other two were injured. After joint criminal jury trial, the 2 surviving men were found guilty of felony murder, as the 3rd man was killed during their felony burglary; and were also found guilty of aggravated battery of a police officer and possession of the stolen van. The 2 survivors, and the decedent's estate, sued City for their injuries and for the death. Decedent's estate obtained jury verdict of $1,999,9998, reduced to $999,999 for decedent's contributory willful and wanton conduct. Collateral estoppel does not bar the 2 survivors' civil suit. Focus of criminal trial was on the offenders' conduct, not the officers' duty to respond appropriately to a crime. The civil case addresses whether officers committed wrongs against the Plaintiffs. Court erred in granting summary judgment for the 2 surviving Plaintiffs. Verdict for $999,999 for decedent's estate reinstated. (HOWSE and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Verdicts