Mingus v. The Board of Trustees of the Police Pension Fund of Peoria

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
2011 IL App (3d) 110098
Decision Date: 
Friday, December 9, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
CARTER
Police officer was injured on duty while trying to push a motorist's stuck vehicle, which was partly on roadway, out of the snow on an icy street. Officer is entitled to line-of-duty disability pension, as his injury resulted from performance of an act of duty. Ability and availability of citizens to assist motorist are not dispositive of issue of whether non-duty or line-of-duty pension applies. Officer was required to stop and assist motorist, and his actions thereafter were in exercise of his discretion. (LYTTON and O'BRIEN, concurring.)