Personal Injury

Injury Verdict Upheld in Chicago Police Department Auto Accident

A verdict awarded from a personal injury case in Chicago against the City of Chicago was upheld by an appeals court on August 27, 2007. The injuries sustained by the plaintiff in this auto accident were devastating and commensurate with the verdict of nearly $18 million dollars. Vernon Hudson, was left paralyzed when the vehicle he was traveling was struck by a Chicago Police car involved in a chase.

Municipalities, such as the City of Chicago, often have Tort Immunity clauses that allow them to be free from civil cases where mere negligence results in injury. The conduct that results in the injury must have been willful and wanton, not just negligent, in order to present a successful claim against the municipality. Many individuals living in the Chicago area are unaware that this is the case when presenting claims for premises liability or auto accidents, or even medical malpractice claims against the county hospitals. The Tort Immunity Act, Section 2-202 states, "A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct." For more information, please see the article by Stephanie Potter of the Chicago Daily Law Bulletin.

I get calls every week where individuals were struck by a law enforcement officer, whether during an actual chase or in the regular course of driving, and often times those who have been injured in these types of car accidents are unsure as to their chances of success. It is important to take each incident of injury against a municipality in its totality. If the accident occurred beyond the scope of law enforcement then it is possible that a jury can find the offending party of willful and wanton conduct.

Whenever an injury occurs where a government agency or law enforcement officer is a party to the claim you should consult a personal injury lawyer immediately as often the statute of limitations against a municipality is significantly less than the standard two years and depending on the agency or entity could require immediate action on the part of the injured party.

From Illinois Injury Law Blog posted 2007-09-05.