IFMK Attorneys Lance Neyland and Julie Koerner, prevailed on a motion for summary judgment in a case filed in Illinois State Court alleging that a Sheriff’s Office violated the Illinois Domestic Violence Act when they failed to prevent a man from murdering his mother. IPMG P & C Senior Adjuster, Jennifer Obecunas, assisted IFMK in handling this case.
The Plaintiff was murdered by her son in an Illinois County. The decedent estate sued the County Sheriff and the Sheriff’s Office in a complaint alleging a violation of the Illinois Domestic Violence Act by purportedly failing to protect plaintiff. The matter was set for trial, and our Defense team moved for summary judgment.
The Plaintiff alleged that the Sheriff’s Office and its officers acted willfully and wantonly by failing to fully investigate a complaint made by the mother prior to her murder. The court entered judgment in favor of the Defendants finding, among other things, the evidence demonstrated that the Sheriff’s Office exhibited a “conscience regard” for the decedent’s safety while she was suffering episodes of domestic violence occasioned by her son. After briefing and oral argument, the Court ruled that the Sheriff’s Office’s actions were not willful and wanton and they were therefore immune from liability.
The five-page opinion relies on an extensive record of thousands of pages of materials which the IFMK/IPMG team submitted in support of the motion.