SECOND DIVISION
MAY 16, 2000
1-99-3258 (consolidated with 1-99-3411)
| ROBERT WARREN, Plaintiff-Appellee v. PHILIP B. WILLIAMS, AND THE VILLAGE OF ROBBINS, Defendants, PHILIP B. WILLIAMS, Appellant. --------------------------------------------------------- PHILIP B. WILLIAMS, Cross-Plaintiff-Appellant v. THE VILLAGE OF ROBBINS, a Municipal Corporation Cross-Defendant-Appellee. | Appeal from the Circuit Court of Cook County No. 98 L 5216 The Honorable Leonard R. Grazian, Judge Presiding. |
PRESIDING JUSTICE COUSINS delivered the opinion of the court:
The plaintiff, Robert Warren, brought this suit in contractand in tort for legal malpractice. According to Warren, thedefendant attorney, Philip B. Williams, filed an appearance forhim in a federal civil rights action without telling him that hehad undertaken to represent him. Warren lost by default, as hediscovered when his salary began to be garnished. Warren filedthis action alleging malpractice on the part of Williams. Williams filed a cross-complaint for indemnity against themunicipality that was his employer. The trial court ruled infavor of the Warren. The court also ruled that the cross-defendant municipality was not required to indemnify Williams.
Williams now appeals arguing that the court erred in findingin favor of Warren because: (1) an attorney-client relationshipnever existed between him and Warren; and (2) even if a defaultjudgment had not been entered against Warren, the finder of factwould have ruled against Warren on the merits. Warren andWilliams both contend that the trial court erred in denyingWilliams' cross-complaint for indemnity because indemnity wasrequired by the Local Governmental and Governmental EmployeesTort Immunity Act (745 ILCS 10/1-101 et seq. (West 1996)).
BACKGROUND
In December 1987, the owner of a local tavern took twoemployees, Calvin Robinson and William Martin, to the policestation in the Village of Robbins (the Village) because heconsidered them suspects in a break-in that had occurred at hisestablishment. After bringing the employees to the station, theowner left to check up on their alibis.
The plaintiff, Robert Warren, was a lieutenant on theVillage police force. Warren talked with the employees whileDallas West, another police officer, went to run a computer checkon them. Upon returning, Officer West punched William Martin twoor three times. Martin later filed a federal civil rights suitagainst West, Warren and the Village under section 1983 of thefederal Civil Rights Act. 42 U.S.C.