Carr v. The City of Chicago

2025 IL App (1st) 241639
CourtAppellate Court of Illinois
DecidedDecember 19, 2025
Docket1-24-1639
StatusPublished

This text of 2025 IL App (1st) 241639 (Carr v. The City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. The City of Chicago, 2025 IL App (1st) 241639 (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 241639 FIFTH DIVISION December 19, 2025

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

No. 1-24-1639

DEADRICK CARR, as Independent Administrator ) of the Estate of Keshawn Horton, Deceased, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 2019 L 002186 ) THE CITY OF CHICAGO, a Municipal Corporation, ) Honorable ) Bridget A. Mitchell, Defendant-Appellee. ) Judge Presiding.

JUSTICE MIKVA delivered the judgment of the court. Justices Oden Johnson and Tailor concurred in the judgment.

OPINION

¶1 Plaintiff Deadrick Carr, on behalf of the estate of her grandson, Keshawn Horton, appeals

from a jury verdict in favor of the City of Chicago. Ms. Carr argues that erroneous evidentiary

rulings and an improper jury instruction denied her a fair trial. The City has moved to dismiss Ms.

Carr’s appeal for lack of appellate jurisdiction. For the reasons that follow, we agree that this court

lacks jurisdiction and dismiss the appeal.

¶2 I. BACKGROUND

¶3 This wrongful death action was brought against the City and several of its police officers

by Fonzell Horton, as the independent administrator of the estate of his son, Keshawn Horton, on

February 27, 2019. Keshawn’s grandmother, Ms. Carr, later became the administrator of his estate,

and the claims against the individual officers were voluntarily dismissed before trial. No. 1-24-1639

¶4 Ms. Carr alleged that on the night of July 17, 2016, 13-year-old Keshawn was a passenger

in a van that was involved in a traffic stop. The driver of the van sped off, the police followed, and

a high-speed chase ensued over wet and slippery roads. The driver lost control, colliding with a

fire hydrant and two parked cars, and Keshawn was ejected from the van. He was found pinned

beneath another vehicle and was taken to a nearby hospital, where he died of his injuries several

days later, on July 22, 2016. Ms. Carr alleged that the officers involved in the chase “exhibited a

conscious disregard for the safety of others, and thereby engaged in willful and wanton conduct”

that proximately caused Keshawn’s death.

¶5 The two primary issues at trial were (1) whether the pursuing officer’s conduct was willful

and wanton, such that the City could be liable for injuries resulting from that conduct, despite the

defense of governmental immunity, and (2) whether that conduct proximately caused Keshawn’s

death. The jury heard from lay and expert witnesses, was instructed on both issues, and, at the

close of its first day of deliberations, sent a question to the judge regarding the definition of willful

and wanton. After some debate, the court agreed to give the jury Ms. Carr’s proposed answer to

that question. The jury continued to deliberate, returning a verdict for the City on April 21, 2023.

¶6 The trial court entered judgment on the jury’s verdict that same day, and, following an

extension of time, Ms. Carr moved for a new trial on June 16, 2023. Ms. Carr argued that several

of the trial court’s evidentiary rulings constituted reversible error; that the pattern jury instruction

on willful and wanton conduct was confusing; and that the court’s answer to the jury’s question

regarding that instruction, though suggested by her own counsel, was insufficient to resolve that

confusion. The trial court denied the motion. It rejected the evidentiary arguments; found no

instructional error; and concluded that, even if there had been an error, the verdict would stand

under the general verdict rule, as it was impossible to tell whether the jury found that Ms. Carr had

2 No. 1-24-1639

failed to prove that the pursuing officer’s conduct was willful and wanton or that that conduct was

the proximate cause of Keshawn’s death.

¶7 Ms. Carr now appeals.

¶8 II. JURISDICTION

¶9 Illinois Supreme Court Rule 303 requires an appellant to file a notice of appeal with the

clerk of the circuit court “within 30 days after the entry of the final judgment appealed from,” or,

if a timely posttrial motion is filed, “within 30 days after the entry of the order disposing of the

last pending postjudgment motion directed against that judgment or order.” Ill. S. Ct. R. 303(a)(1)

(eff. July 1, 2017). “The timely filing of a notice of appeal is both jurisdictional and mandatory.”

Secura Insurance Co. v. Illinois Farmers Insurance Co., 232 Ill. 2d 209, 213 (2009). When an

appeal is untimely under a supreme court rule, this court has “no discretion to take any action other

than dismissing the appeal.” People v. Lyles, 217 Ill. 2d 210, 217 (2005). It is the appellant’s

burden to establish a reviewing court’s jurisdiction. Shared Imaging, LLC v. Hamer, 2017 IL App

(1st) 152817, ¶ 19.

¶ 10 Citing these principles, the City moved to dismiss Ms. Carr’s appeal as untimely on

October 7, 2024. We elected to take that motion with the case, “without prejudice to [Ms. Carr]

seeking a supervisory order from the Illinois Supreme Court to allow [a] late notice of appeal.”

Ms. Carr sought such an order, our supreme court denied her request, and the City renewed its

motion. We again rejected the City’s request to decide the motion at that time, deferring resolution

of this issue until the case had been fully briefed and assigned to a panel.

¶ 11 While the question of this court’s jurisdiction is hotly contested, the parties agree on several

important points. They agree that the trial court denied Ms. Carr’s motion for a new trial in a

written order on July 12, 2024, and that Ms. Carr filed her notice of appeal 32 days later, on August

3 No. 1-24-1639

14, 2024. What they disagree over is when the signed order was “entered,” thus triggering the 30-

day jurisdictional period for filing a notice of appeal under Rule 303.

¶ 12 Rule 272 addresses when a final judgment is “entered” for purposes of Rule 303. Ill. S. Ct.

R. 272 (eff. Jan. 1, 2018). Where a written judgment order has been signed by the judge, which is

what occurred in this case, the rule states that “the clerk shall make a notation to that effect and

the judgment becomes final only when the signed judgment is filed.”

¶ 13 The City argues the judgment order here was “filed” on July 12, 2024, when the signed but

undated and unstamped order was made available on the circuit court’s electronic docket, and that

Ms. Carr’s notice of appeal filed more than 30 days later was therefore untimely. Ms. Carr

maintains that the order was not “filed” until August 14, 2024, when it was stamped with an

effective date of July 12, 2024. This would make her notice of appeal, filed that same day, timely.

The parties have each attached documents to their memoranda supporting and opposing the motion

to dismiss that they rely on in support of these opposing contentions.

¶ 14 Ms. Carr’s lawyer, Jeffrey Neslund, states in his affidavit, attached to the response to the

motion to dismiss, that based on the parties’ correspondence with the trial judge, he believed the

court would schedule a date for its ruling on Ms. Carr’s motion for a new trial sometime between

July 22 and 26, 2024. E-mails attached to Mr. Neslund’s affidavit indicate that on July 8, 2024, he

wrote to the court to “suggest the afternoon of July 24, 25 or 26 for the Court’s ruling on Plaintiff’s

motion for a new trial.” Two days later, on July 10, 2024, the court responded by saying, “The

order is being reviewed and finalized.

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Related

People v. Lyles
840 N.E.2d 1187 (Illinois Supreme Court, 2005)
Secura Insurance v. Illinois Farmers Insurance
902 N.E.2d 662 (Illinois Supreme Court, 2009)
Mitchell v. Fiat-Allis, Inc.
632 N.E.2d 1010 (Illinois Supreme Court, 1994)
Granite City Lodge No. 272 v. City of Granite City
565 N.E.2d 929 (Illinois Supreme Court, 1990)
Keener v. CITY OF HERRIN
919 N.E.2d 913 (Illinois Supreme Court, 2009)
People v. Durley
561 N.E.2d 122 (Appellate Court of Illinois, 1990)

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Bluebook (online)
2025 IL App (1st) 241639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-the-city-of-chicago-illappct-2025.