DeRose v. City of Highland Park

898 N.E.2d 1115, 386 Ill. App. 3d 658, 325 Ill. Dec. 836, 2008 Ill. App. LEXIS 1081
CourtAppellate Court of Illinois
DecidedNovember 4, 2008
Docket2— 07—0938
StatusPublished
Cited by15 cases

This text of 898 N.E.2d 1115 (DeRose v. City of Highland Park) 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
DeRose v. City of Highland Park, 898 N.E.2d 1115, 386 Ill. App. 3d 658, 325 Ill. Dec. 836, 2008 Ill. App. LEXIS 1081 (Ill. Ct. App. 2008).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, the City of Highland Park, appeals the trial court’s judgment in favor of plaintiff, Pierino DeRose, on plaintiff s complaint seeking benefits from defendant under the Public Safety Employee Benefits Act (Employee Benefits Act) (820 ILCS 320/1 et seq. (West 2000)), which entitles certain public employees in certain situations to recover their health care premiums from their employers. On appeal, defendant argues that plaintiff was not responding to an “emergency” (as that term is used in the Employee Benefits Act) when he was injured and is therefore ineligible for benefits under the Employee Benefits Act. For the reasons that follow, we affirm the judgment of the trial court.

At the bench trial on this action, plaintiff testified that, on the night of September 21, 2001, he was employed as a patrolman for the Highland Park police department, a position he had held for eight years. Plaintiff recalled receiving a call regarding a residential burglary alarm that had been triggered. Plaintiff acknowledged the call and “got there as quickly as [he could] and in a safe manner”; he testified that he did not activate the siren or the overhead lights on his police car because doing so might have alerted any intruders in the residence he was approaching. Plaintiff testified that the weather was rainy or “pretty much of a thunderstorm,” and that there was very little lighting, when he parked his police car in the driveway in front of the residence. Plaintiff stated that, normally, two officers would respond to the type of alarm he was investigating, but he addressed the situation alone because the police department was understaffed that night. He recalled that he “surveilled the front of the house” while holding a flashlight before going around the side of the house, near the garage, to “see if [he] could hear anything.” Plaintiff then “proceeded *** to the back” to check if anyone was behind the house and to check for open doors or broken windows. When he reached the back of the house, plaintiff noticed “a wood deck that had a couple steps going up that led to” a sliding glass door. Plaintiff approached the sliding glass door, “looking for any movement in the house,” and, as he approached, he slipped, fell, and sustained an injury to his shoulder. Plaintiff continued his investigation and determined that the alarm had been a false alarm. Plaintiff testified that he did not know of any increases in false alarms on stormy nights. On cross-examination, plaintiff agreed that he did not unholster his sidearm during his investigation.

The parties stipulated that a city administrator would testify that the Highland Park police department received 4,672 alarm calls in 2001 and 4,863 in 2000 and that less than 1% of those calls were “bona fide.” The administrator also would testify that the Highland Park police department received “more than 20 alarm calls” on September 21, 2001, a number that was not unusual “during a power outage or strong storm.” The witness would also testify that the weather that night was “stormy.”

Matthew Maloney, who was plaintiffs police commander the night of plaintiffs injury, testified that he did not consider panic alarms always to constitute emergencies, because “ [o]verwhelmingly they are false alarms.” He also testified that electrical storms or thunderstorms cause false alarms. On cross-examination, he initially said that he had a practice of telling officers not to treat alarms as urgent if police had already investigated several false alarms the same night, but he later reversed his answer and said that he did not instruct officers not to take alarm calls seriously if police had already investigated several false alarms the same night.

The trial court ruled that plaintiff reasonably and actually believed that he was responding to an emergency at the time he was injured, because the alarm required “immediate action.” Defendant timely appeals.

Section 10 of the Employee Benefits Act provides as follows, in pertinent part:

“In order for [a] law enforcement *** officer *** to be eligible for insurance coverage under this Act, the injury *** must have occurred as the result of the officer’s response to fresh pursuit, the officer or firefighter’s response to what is reasonably believed to be an emergency, an unlawful act perpetrated by another, or during the investigation of a criminal act.” 820 ILCS 320/10(b) (West 2000).

On appeal, defendant challenges the trial court’s conclusion that plaintiff was injured while responding “to what [was] reasonably believed to be an emergency” so as to qualify him for benefits under the Employee Benefits Act. To the extent defendant directs its argument at the definition to be ascribed the term “emergency” as used in the Employee Benefits Act and the application of that definition to the facts of this case, it presents questions of law, which we review de novo. In re Marriage of Best, 228 Ill. 2d 107, 116 (2008) (construction of a statute presents a legal question, to be reviewed de novo). To the extent defendant challenges the trial court’s factual finding regarding plaintiff’s subjective belief that he was responding to an emergency, we review the trial court’s finding to determine whether it is against the manifest weight of the evidence. See Franz v. Calaco Development Corp., 352 Ill. App. 3d 1129, 1139 (2004) (questions of fact receive manifest-weight review).

Our first task is to interpret the meaning of the term “emergency” as used in the Employee Benefits Act. The goal of statutory interpretation is to ascertain and give effect to the legislative intent, and the best indication of the legislative intent is the language used in the statute. Bigelow Group, Inc. v. Rickert, 377 Ill. App. 3d 165, 169 (2007). A court must give the language of a statute its plain, ordinary, and popularly understood meaning (Alvarez v. Pappas, 229 Ill. 2d 217, 228 (2008)), and, where the language is unambiguous, the statute must be given effect without resort to other aids of construction (Krautsack v. Anderson, 223 Ill. 2d 541, 553 (2006)).

Although the Employee Benefits Act does not provide a definition for the word “emergency” as it is used in section 10, the parties essentially agree on the meaning to be accorded it. Defendant directs us to dictionary definitions that indicate that the word “emergency” means “the ‘urgent need for assistance or relief,’ ” or “ ‘an unforeseen combination of circumstances that calls for immediate action.’ ” Plaintiff cites a dictionary defining the term as “ ‘a sudden condition or state of affairs calling for immediate action.’ ” Our own resort to the dictionary yields a similar definition: Webster’s Third New International Dictionary defines the word “emergency” primarily as “an unforeseen combination of circumstances or the resulting state that calls for immediate action.” Webster’s Third New International Dictionary 741 (1993). We agree with the parties that the above definitions are appropriate, and we interpret the word “emergency” as used in the Employee Benefits Act consistently with the word’s dictionary definition. A situation is therefore an “emergency” under the Employee Benefits Act where it is urgent and calls for immediate action.

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Bluebook (online)
898 N.E.2d 1115, 386 Ill. App. 3d 658, 325 Ill. Dec. 836, 2008 Ill. App. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derose-v-city-of-highland-park-illappct-2008.