Court properly granted Defendants' motion to dismiss with prejudice complaint alleging that officers' willful and wanton conduct proximately caused the death of decedent. Decedent failed to stop when officers tried to pull her over for squealing her tires. While both vehicles were stopped at a red light, officer activated lights and sirens, and decedent accelerated to 78 mph, lost control, and was ejected from vehicle and died. Pleadings establish that it was decedent, and not officer, who exposed decedent and others to the imminent dangerous condition she experienced. Officer did not initiate a pusuit when activating lights and sirens. Plaintiff failed to allege facts that could show that officer acted with utter indifference or conscious disregard for safety of others. (McLAREN and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Tort Immunity Act