Richter v. Village of Oak Brook

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0114 Official Reports

Case Date: 09/23/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Richter v. Village of Oak Brook, 2011 IL App (2d) 100114

Appellate Court Caption

FRANK H. RICHTER, Plaintiff-Appellant, v. VILLAGE OF OAK BROOK, Defendant-Appellee.

District & No.

Second District Docket No. 2-10-0114 September 23, 2011 In an action by a firefighter seeking benefits under the Public Safety Employee Benefits Act and the Public Employee Disability Act following the settlement of his workers' compensation claims for the injuries he sustained and the award of a line-of-duty disability pension, the trial court's judgment for the village where plaintiff was employed was reversed and judgment was entered for plaintiff, since the settlement of the workers' compensation claims collaterally estopped defendant from relitigating the issues of whether plaintiff's injury contributed to his disability and whether he qualified for benefits under the Acts, and the cause was remanded for proceedings on plaintiff's claim for attorney fees under the Attorneys Fees in Wage Actions Act. Appeal from the Circuit Court of Du Page County, No. 04-MR-551; the Hon. Kenneth L. Popejoy, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Reversed and remanded.

Counsel on Appeal

Anthony G. Argeros, of Anthony G. Argeros, LLC, of Chicago, for appellant. Patricia L. Mehler, of Seyfarth Shaw LLP, of Chicago, for appellee.

Panel

JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices McLaren and Hudson concurred in the judgment and opinion.

OPINION

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