SPRINGFIELD – Supreme Court Justices on March 24 decided to review Circuit Judge Heinz Rudolf’s order immunizing St. Clair County and its 911 board against a wrongful death suit.
Fifth District appellate court judges affirmed Rudolf 2-1 in December.
According to background in that ruling, plaintiff Larry Schultz of Mascoutah called twice for help in keeping wife Laurene from driving drunk.
One dispatcher sent help to a wrong address and one refused to help Larry because he didn’t know the address where Laurene parked.
Laurene got into the car, drove off the road, and suffered fatal injuries.
Larry retained Rhonda Fiss of Belleville, who sued the county and its emergency communications board in 2018.
Fiss asserted an exception to local government immunity by alleging willful and wanton disregard for the safety of Laurene and the public.
She also alleged violation of the Emergency Telephone System Act, which allows tort claims for gross negligence, recklessness, or intentional misconduct.
The county retained Kevin Hoerner of Belleville, who moved for immunity.
Rudolf granted it and Schultz appealed.
Fifth District judges Randy Moore and David Boie affirmed Rudolf, finding local government immunity comprehensive in the breadth of its reach.
They found the Emergency Telephone System Act provides for establishment of uniform technical and operational standards.
They found it reasonable to interpret the statute to provide immunity for failures within infrastructure and technology.
Dissenting Justice Milton Wharton declared himself reluctant to conclude that failure to dispatch wasn’t a result of failure within the infrastructure.
He wrote that a 911 system must provide call takers with immediate access to information even if they aren’t familiar with the area.
Also on March 24, the Illinois Supreme Court denied an appeal of a Fifth District decision finding Circuit Judge Christopher Kolker improperly treated an insurer as a defendant.
The Fifth District found Kolker would have imposed costs on the insurer greater than the amount of a lien it tried to enforce.
Continental Indemnity paid about $129,000 in workers’ compensation to Jack Cooper Trucking driver Greg Burdess.
Burdess sued trailer manufacturer Cottrell, and Continental intervened to secure a lien on any judgment.
Burdess moved to compel full discovery, claiming Continental became a party, and Kolker granted it.
Continental answered 15 of 16 interrogatories and 45 of 48 document requests, and Burdess moved for sanctions.
Continental objected, claiming it complied with rules for intervenors.
Kolker overruled the objection and granted sanctions at $150 a day, plus attorney fees related to the motion.
Continental moved for a finding of friendly contempt for the purpose of an appeal.
Kolker granted it at $1 a day but the $150 penalty remained in effect.
Burdess served a subpoena for information and Continental moved to stay it pending Fifth District disposition.
Continental secretary Jeffrey Silver filed an affidavit stating none of the files were electronic and they weren’t searchable by computer.
He estimated the project would cost $247,500, about twice as much as the lien.
Kolker granted friendly contempt again and charged $25.
Fifth District judges reversed his orders last December, finding intervention didn’t make Continental a party for purposes of discovery.
They found no authority establishing the power of a circuit court to mandate an intervenor’s participation against its will.
They found the discovery orders were improper, resulting in the sanctions also being improper.
They remanded the suit to Kolker to reconsider his ruling by a correct standard.
Burdess took it to Springfield, to no avail.
Roy Dripps, Charles Armbruster, Michael Blotevogel of Maryville represent Burdess along with Brian Wendler of Edwardsville.