Illinois Appellate Court
Civil Court
Pensions
(Court opinion corrected 4/20/11.) Plaintiff police officer was injured while entering his unmarked police vehicle during patrol for gang activity; car unexpectedly moved forward and ran over his foot. Court entered judgment in favor of officer for an on-duty disability pension benefit, reversing Police Pension Fund's decision. Police Pension Fund's decision was not clearly erroneous because at time of injury, officer was not responding to a call, and he had yet to resume patrol, and he was attempting to enter rear seat of unmarked squad car in station's parking lot, moving items off the seat. This injury did not involve a "special risk" arising from his being a police officer, but an ordinary risk that all citizens assume when entering vehicle or moving items off seat of vehicle. (CONNORS, concurring; CUNNINGHAM, dissenting.)