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KAWAGUCHI v. GAINER

No. 2-04-1017.

835 N.E.2d 435 (2005)

361 Ill. App.3d 229

296 Ill.Dec. 401

Angelita KAWAGUCHI, Plaintiff-Appellant, v. Erin GAINER, Individually and as an Agent and Employee of the Illinois State Toll Highway Authority, and the Illinois State Toll Highway Authority, Defendants-Appellees (Stephon B. Effinger, Defendant).

Appellate Court of Illinois, Second District.

September 16, 2005.

Attorney(s) appearing for the Case

Joseph A. Power Jr., Sean M. Houlihan, Power, Rogers & Smith, P.C., Chicago, for Angelita Kawaguchi.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, Larry R. Wikoff, Assistant Attorney General, Downers Grove, for Erin Gainer, Illinois State Toll Highway Authority.

Paul B. Wharton III, Paul B. Wharton & Associates, Chicago, for Stephon B. Effinger.

Justice McLAREN delivered the opinion of the court:

On a spring morning in April 2002, State Trooper Erin Gainer raced to respond to a report of a traffic accident at the intersection of Interstate 88 and York Road. Cars yielded as Trooper Gainer drove onto the interstate. Except one. As Trooper Gainer crossed the interstate, plaintiff, Angelita Kawaguchi, crashed into her and collided with Stephon B. Effinger. After crashing into Trooper Gainer, plaintiff sued her...

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