Illinois Supreme Court considers liability in aftermath of fatal crime

[December 09, 2022] 

By Andrew Hensel | The Center Square

(The Center Square) – The Illinois Supreme Court is considering a case to determine whether three individuals who broke into a store before leading police on a car chase, crash and fatal shooting should be responsible for their injuries.

In 2012, Leland Dudley, John Givens, and David Strong broke into an electronics store on Western Avenue in Chicago. During their getaway, they smashed their van through a closed metal garage door directly into the Chicago Police Department while officers gathered outside. One officer was struck in the crash.

Police then fired 76 shots, killing Strong. The state charged the men with the murder of their co-conspirator.

Attorney Ellen McLaughlin, who represented the city of Chicago, claims the individuals intentions were clear because they were fleeing a crime.

"Givens and Dudley were by degrees recklessly or intentionally willful and wanton in bringing about their own injuries," McLaughlin said.

"Willful and wanton conduct" means a course of action that shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property.
 

Attorney Ellen McLaughlin presenting to the Illinois Supreme Court last month - BlueRoomStream

Representing the charged men was Lynn Dowd. Dowd said an appellate court decision, which overturned a lower court ruling, was correct in not blaming the men.

"For the plaintiff, we have to prove duty breach, proximate cause, and damages," Dowd said. "After we've proven that, which we did ... the jury importantly determined that the city was willful and wanton."

Dudley, Givens, and Strong's estate sued the city, alleging battery, survival and wrongful death.

Dowd called the CPD response to the situation reckless.

"We did not ask the jury to make a distinction between the city's conduct and whether it was intentional or reckless in firing 76 rounds of bullets into a van," Dowd said.

McLaughlin said the defendants broke the law.

"The facts do establish that Givens and Dudley engaged in conduct that was intentionally willful and wanton on the civil tort standards," McLaughlin claims.

The supreme court took the case under advisement.

Andrew Hensel has years of experience as a reporter and pre-game host for the Joliet Slammers, and as a producer for the Windy City Bulls. A graduate of Iowa Wesleyan University and Illinois Media School, Andrew lives in the south suburbs of Chicago.