Senese v. Village of Buffalo Grove

890 N.E.2d 628, 383 Ill. App. 3d 276, 321 Ill. Dec. 906, 2008 Ill. App. LEXIS 548
CourtAppellate Court of Illinois
DecidedJune 5, 2008
Docket2-07-1017
StatusPublished
Cited by15 cases

This text of 890 N.E.2d 628 (Senese v. Village of Buffalo Grove) 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
Senese v. Village of Buffalo Grove, 890 N.E.2d 628, 383 Ill. App. 3d 276, 321 Ill. Dec. 906, 2008 Ill. App. LEXIS 548 (Ill. Ct. App. 2008).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, Christopher Senese, filed a complaint against defendant, the Village of Buffalo Grove (Village), seeking, inter alia, a declaratory judgment that the Village must pay health insurance premiums for plaintiff and his family pursuant to section 10 of the Public Safety Employee Benefits Act (Act) (820 ILCS 320/10 (West 2006)). Following a bench trial, the trial court entered judgment in plaintiffs favor. The Village argues on appeal that plaintiff was ineligible, as a matter of law, to receive benefits under the Act. We disagree and therefore affirm the judgment of the trial court.

The relevant facts are not in dispute. On February 24, 2004, plaintiff was employed by the Village as a full-time police officer. On that date, plaintiff had been assigned to monitor traffic at the intersection of Half Day Road and Prairie Road. He did so from his squad car, which was parked at the side of Willow Parkway. While plaintiff was seated in the squad car, another vehicle struck it from behind. The driver of that vehicle was cited for driving with an obstructed windshield (625 ILCS 5/12 — 503(d) (West 2004)) and failing to reduce speed to avoid an accident (625 ILCS 5/11 — 601(a) (West 2004)). As a result of the collision, plaintiff suffered injuries that disabled him from service as a police officer, and he was awarded a line-of-duty disability pension.

Section 10 of the Act provides, in pertinent part:

“(a) An employer who employs a full-time law enforcement, correctional or correctional probation officer, or firefighter, who *** suffers a catastrophic injury or is killed in the line of duty shall pay the entire premium of the employer’s health insurance plan for the injured employee, the injured employee’s spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support or the child is a full-time or part-time student and is dependent for support. *** If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried and for the dependent children under the conditions established in this Section. ***
* * *
(b) In order for the law enforcement, correctional or correctional probation officer, firefighter, spouse, or dependent children to be eligible for insurance coverage under this Act, the injury or death 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(a), (b) (West 2006).

The term “catastrophic injury” has been construed to mean an injury entitling a police officer or firefighter to receive a line-of-duty disability pension. Krohe v. City of Bloomington, 204 Ill. 2d 392, 400 (2003); O’Loughlin v. Village of River Forest, 338 Ill. App. 3d 189, 197 (2003). To receive a line-of-duty disability pension, a police officer’s disability must stem from a “sickness, accident or injury incurred in or resulting from the performance of an act of duty.” 40 ILCS 5/3— 114.1(a) (West 2006). The term “act of duty” is defined, in pertinent part, as “[a]ny act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life.” 40 ILCS 5/5 — 113 (West 2006).

Because plaintiff received a line-of-duty disability pension, the Village concedes that he suffered a catastrophic injury within the meaning of section 10(a). The Village maintains, however, that plaintiff is ineligible for benefits under the Act due to section 10(b). Specifically, the Village contends that plaintiff’s injury was not the result of an “unlawful act” within the meaning of section 10(b).

The question presented is one of statutory construction and our review is de novo. Alvarez v. Pappas, 229 Ill. 2d 217, 220 (2008). In construing a statute, the principal objective is to ascertain and give effect to the intent of the legislature. Alvarez, 229 Ill. 2d at 228. A determination of legislative intent begins with the language of the statute, which must be given its “plain, ordinary, and popularly understood meaning.” Alvarez, 229 Ill. 2d at 228. “Where the language is clear and unambiguous, the statute must be given effect as written without resort to further aids of statutory construction.” Alvarez, 229 Ill. 2d at 228. However, “courts must avoid reading statutory language either too literally or too broadly, and must try to garner what the legislature intended.” Village of Lake Villa v. Bransley, 348 Ill. App. 3d 280, 284 (2004). Thus, as this court has observed:

“A literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly set forth, and a literal interpretation of a particular clause would defeat the obvious intent [citation]; where literal enforcement of a statute will result in great injustice that was not contemplated by the General Assembly [citation]; or where a literal interpretation would lead to an absurd result [citation].” Grever v. Board of Trustees of the Illinois Municipal Retirement Fund, 353 Ill. App. 3d 263, 266-67 (2004).

Moreover, “words and phrases should not be construed in isolation, but must be interpreted in light of other relevant provisions of the statute.” Chatham Foot Specialists, P.C. v. Health Care Service Corp., 216 Ill. 2d 366, 382 (2005). However, “[a] court is not permitted to ignore the plain meaning of the statute by reading into it exceptions, limitations, or conditions that the legislature did not express.” Forest Preserve District v. Loren & Gisela Brown Family Trust, 323 Ill. App. 3d 686, 692 (2001).

The Act provides no definition of “unlawful act,” so we may consult the dictionary for guidance in determining the term’s meaning. Alvarez, 229 Ill. 2d at 225. “Unlawful act” has been defined as “[c]onduct that is not authorized by law; a violation of a civil or criminal law.” Black’s Law Dictionary 1574 (8th ed. 2004). If the term is given its full breadth, it clearly encompasses the conduct of the motorist whose vehicle struck plaintiff’s and caused plaintiff’s disabling injuries. The motorist was cited for driving with an obstructed windshield and failing to reduce speed to avoid a collision, in violation of sections 11 — 601(a) and 12 — 503(d) of the Illinois Vehicle Code (625 ILCS 5/11 — 601(a), 12 — 503(d) (West 2004)). The question, then, is whether consideration of the Act as a whole limits the breadth of the term. The Village argues that it does.

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Bluebook (online)
890 N.E.2d 628, 383 Ill. App. 3d 276, 321 Ill. Dec. 906, 2008 Ill. App. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senese-v-village-of-buffalo-grove-illappct-2008.