The opinion of the court was delivered by: Justice Lytton
IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 1998
Appeal from the Circuit Court for the 10th Judicial Circuit Peoria County, Illinois
Honorable John A. Barra Judge, Presiding
Officer Ron Hartzell of the Bartonville Police Department was pursuing a truck driven by Chad Courtwright, when the truck collided with a car driven by Cleata Hall. Courtwright died, and Hall was injured. Hall filed suit against the officer and department, alleging violations of department procedures, willful and wanton conduct, and reckless disregard for the safety of others. *fn1 The department and officer filed a motion for summary judgment (735 ILCS 5/2--1005 (West 1996)), and the trial court granted the motion.
On appeal, Hall asserts that: (a) the trial Judge erred in granting summary judgment because a genuine issue of material fact exists as to whether Officer Hartzell's conduct constituted reckless disregard for the safety of others, (b) in chasing Courtwright at such high speeds, the officer "provided the fuel behind the rocket," and (c) the officer had the option of halting the chase and locating the driver through the truck's license plate number. We affirm.
A motion for summary judgment should be granted only when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2--1005(c) (West 1996); Wells v. Enloe, 282 Ill. App. 3d 586, 589, 669 N.E.2d 368, 371 (1996). When reviewing an order granting summary judgment, this court conducts a de novo review. Jewish Hospital of St. Louis v. Boatmen's National Bank of Belleville, 261 Ill. App. 3d 750, 755, 633 N.E.2d 1267, 1272 (1994).
On September 2, 1994, Officer Hartzell witnessed the lights flashing on and off on a truck heading eastbound on Route 24, near Bartonville, Illinois. The truck was dark in color, and Hartzell feared that another vehicle might hit it. The officer then observed the truck weave in its lane, cross the white lines, and almost hit a guard rail. Hartzell thought he had probable cause to believe that the driver was under the influence of alcohol or drugs. The officer activated his lights and siren in an attempt to initiate a stop of the vehicle.
The truck, driven by Chad Courtwright, pulled into the parking lot of the Jubilee Trucking Company. The officer noted the truck's license plate number. The truck then accelerated and headed westbound on Route 24, its tires squealing and throwing gravel. Officer Hartzell followed and chased the truck through Bartonville at 90 m.p.h.; speeds eventually reached 105 m.p.h. During the chase, the truck weaved between lanes, and the squad car was approximately 6 car lengths behind the truck. Hartzell considered terminating the pursuit, but seconds later the truck collided with Hall's car.
The parties disagree as to the appropriate standard of care to be applied to an officer engaged in the pursuit of a fleeing suspect. Plaintiff asserts that under the Illinois Vehicle Code (Code) (625 ILCS 5/1-100 et seq. (West 1994)), the issue is whether an officer was "reckless". Specifically, although sections 11--205(b) and (c) of the Code authorize drivers of emergency vehicles to exceed the speed limit while pursuing suspects (625 ILCS 5/11--205(b), (c) (West 1994)), section 11--205(e) states that the driver is not protected "from the consequences of his reckless disregard for the safety of others" (625 ILCS 5/11--205(e) (West 1994)).
Defendants, on the other hand, rely on the "willful and wanton" standard found in the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/1--101 et seq. (West 1994)). Section 2--202 of the Act provides that a public employee is not liable for his act or omission in the execution or enforcement of any law unless that act or omission constitutes willful and wanton conduct. 745 ILCS 10/2--202 (West 1994). "Willful and wanton conduct" is defined as "a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property." 745 ILCS 10/1--210 (West 1994). Section 2--109 provides that where an employee of a local public entity is not liable for injuries, then the public employer is not liable. 745 ILCS 10/2--109 (West 1994).
The appellate court is divided over the relationship between these statutory provisions. In Postich v. Henrichs, 267 Ill. App. 3d 236, 244, 641 N.E.2d 975, 980 (1994), the court stated that while section 11--205(e) of the Vehicle Code affects the issue of comparative liability in suits filed by drivers of emergency vehicles, it does not purport to limit the applicability of sovereign immunity. In a different case filed by an injured party against a municipality (Bradshaw v. City of Metropolis, 293 Ill. App. 3d 389, 688 N.E.2d 332 (1997)), the majority held that the specificity of the Motor Vehicle Code's provisions should prevail over the general protections found in the Tort Immunity Act (Bradshaw, 293 Ill. App. 3d at 395, 688 N.E.2d at 335). One Justice dissented ...