Ericksen v. Village of Willow Springs

660 N.E.2d 62, 279 Ill. App. 3d 210
CourtAppellate Court of Illinois
DecidedDecember 19, 1995
Docket1-94-3880
StatusPublished
Cited by8 cases

This text of 660 N.E.2d 62 (Ericksen v. Village of Willow Springs) 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
Ericksen v. Village of Willow Springs, 660 N.E.2d 62, 279 Ill. App. 3d 210 (Ill. Ct. App. 1995).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Plaintiff Eyvind Ericksen appeals from the orders of the circuit court of Cook County granting defendants Village of Willow Springs’ and Leland Brannam’s motion to dismiss plaintiffs complaint pursuant to section 2 — 619 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2 — 619 (West 1992)) and denying plaintiffs motion for reconsideration. The trial court found that plaintiffs complaint was time-barred by a one-year statute of limitations. On appeal, plaintiff contends that: (1) the "law of the case” doctrine precluded the trial court from dismissing his complaint; and (2) his complaint was timely filed because the "discovery rule” postponed the commencement of the statute of limitations period. For the reasons set forth below, we affirm.

According to plaintiff, he was hired as an auxiliary officer by the Willow Springs police department (Department) in 1982 and as a full-time patrol officer in 1988. On January 12, 1992, he was instructed by his shift commander to initiate a roadblock at an accident scene. At the accident scene, plaintiff’s vehicle was struck from behind by another vehicle. As a result, plaintiff suffered injuries to his back, was treated at a hospital and underwent physical therapy. Plaintiff did not return to work for six weeks following the accident. During this time plaintiff applied for and received workers’ compensation benefits pursuant to the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 1992)).

Upon plaintiff’s return to active duty, defendant Leland Brannam (Brannam), the Department’s chief of police, accused plaintiff of exaggerating his injuries to avoid returning to work, instructed the mechanic who repaired plaintiffs patrol car to conceal the extent of the damage to the vehicle, accused plaintiff of conspiring with the Illinois State Police to falsify details of the accident, drafted reports of misconduct which were materially false and placed them in plaintiffs personnel file, told Department employees not to associate with or speak to plaintiff, and harassed plaintiff. Plaintiff further alleged that Brannam falsely communicated to defendant Village of Willow Springs’ (Village) president and board of trustees that plaintiff had filed a fraudulent workers’ compensation claim and should be terminated, while, at the same time, Brannam concealed evidence which would disprove this allegation.

On May 12, 1992, the police and fire committee of the Village board of trustees determined that plaintiff should be terminated. On May 13, Brannam informed plaintiff that he would not be reappointed as a patrol officer. When plaintiff asked why he had been terminated, defendant Brannam stated that he was not at liberty to offer any explanation and was not able to offer anything in writing concerning the termination. On May 14, the Village board of trustees accepted the police and fire committee’s decision to terminate plaintiff.

In late July or early August 1992, Tom Borsilli, a Department officer, told plaintiff that he was fired because of the workers’ compensation claim he had filed. Plaintiff claims that this was the first time he became aware of the reason for his termination and of Brannam’s involvement in his termination.

On May 25, 1993, plaintiff filed a complaint against defendants. Count I of the complaint alleged that the Village terminated plaintiff’s employment in retaliation for his workers’ compensation claim. Count II alleged that Brannam had interfered with plaintiff’s economic advantage.

Defendants filed a motion to dismiss pursuant to section 2 — 619 of the Code (735 ILCS 5/2 — 619 (West 1992)), arguing that plaintiff had failed to file his complaint within the one-year statute of limitations mandated by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/8 — 101 (West 1992)).

On October 25, 1993, at a hearing before Judge Nicholson on defendants’ motion to dismiss, plaintiff argued that his complaint was timely filed pursuant to the "discovery rule,” which postpones the commencement of the statute of limitations until a plaintiff knew or should have known of his or her injury and knew or should have known that the injury was wrongfully caused. Judge Nicholson treated defendants’ motion to dismiss as one filed pursuant to section 2 — 615, as opposed to section 2 — 619, and granted plaintiff 21 days to amend his complaint to include allegations encompassing the discovery rule. Plaintiff filed an amended complaint, which was substantially identical to his first complaint except for the inclusion of the discovery rule allegations. Defendants then filed a motion to dismiss plaintiff’s amended complaint pursuant to section 2 — 619, again contending that plaintiff’s action was barred by the one-year statute of limitations mandated by the Tort Immunity Act.

In response to defendants’ motion to dismiss, plaintiff submitted a personal affidavit. The affidavit related plaintiff’s history with the Department; that he was informed by Brannam on May 13, 1992, that he would not be reappointed as a patrol officer; and that he asked Brannam why he had been terminated, to which Brannam replied that he was "not supposed to tell [plaintiff] that” and that he was not able to give plaintiff anything in writing concerning the termination. The affidavit further reflected plaintiff’s conversation with Tom Borsilli, an officer of the Department, in July or early August of 1992, regarding the reason for plaintiff’s termination.

Prior to a hearing on defendants’ motion to dismiss, the case was reassigned to Judge Duncan-Brice. Judge Duncan-Brice determined that plaintiffs complaint was not timely filed and granted defendants’ section 2 — 619 motion to dismiss.

Plaintiff filed a motion to reconsider the trial court’s dismissal of his amended complaint, arguing that the determination of when plaintiff knew or should have known of his injury was a question of fact for the jury. Judge Duncan-Brice denied plaintiff’s motion.

Plaintiff appeals from the trial court’s orders dismissing his complaint and denying his motion for reconsideration. He contends that the trial court erred in granting defendants’ motion to dismiss because Judge Nicholson’s order constituted the "law of the case” and Judge Duncan-Brice should not have altered it absent a change in circumstances. Plaintiff also contends that his complaint was timely filed because the "discovery rule” applied to postpone the commencement of the statute of limitations period to the date of his conversation with Borsilli when plaintiff claims he first became aware of his injury and that it was wrongfully caused.

A ruling must be based upon a full litigation of an issue and decision of that issue before it can qualify as the law of a case. (McDonald’s Corp. v. Vittorio Ricci Chicago, Inc. (1984), 125 Ill. App. 3d 1083, 1087, 466 N.E.2d 1116

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Cite This Page — Counsel Stack

Bluebook (online)
660 N.E.2d 62, 279 Ill. App. 3d 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ericksen-v-village-of-willow-springs-illappct-1995.