Stehlik v. Village of Orland Park

(Court opinion corrected 3/16/12.) Plaintiffs filed suit for injuries sustained when village squad car struck their vehicle. Court granted Defendants' motion for directed verdict and dismissed action, finding immunity under Tort Immunity Act, as officer driving squad car was engaged in execution or enforcement of law at time, with no evidence of willful or wanton conduct. Evidence supported court's finding that officer's decision to follow complaining witness to "showup" identification was consistent with enforcement, and that Plaintiffs' expert failed to provide sufficient foundation for opinion that officer's decision had no rational enforcement basis.(J. GORDON and FITZGERALD SMITH, concurring.)