PEOPLE EX REL. MADIGAN v. EXCAVATING AND LOWBOY SERVICES, INC.

No. 1-07-3345.

902 N.E.2d 1218 (2009)

The PEOPLE, ex rel. Lisa MADIGAN, Attorney General of the State of Illinois, and ex rel. Richard A. Devine, State's Attorney for Cook County, Illinois, Plaintiffs, v. EXCAVATING AND LOWBOY SERVICES, INC., an Illinois Corporation, Daniel Serritella, an Individual, The City of Harvey, an Illinois Municipal Corporation, the Harvey Park District, an Incorporated Illinois Park District, Mohammed Sayed, an Individual, and Alaadien Z. Elabady, an Individual, Defendants. (The City of Harvey, Third-Party Plaintiff-Appellant; The Department of Transportation, and Timothy Martin, Secretary of Transportation, Third-Party Defendants-Appellees. (Achilles, Inc., Beverly Asphalt Paving Company, Dawn Companies, Inc., Dino's Cartage, Inc., Dolci Trucking, Dresden Land Improvements, Inc., Dunleavy Construction Company, H.F. Vegter Excavating Company, J.P. Hopkins Sewer Contractor, Inc., K-Five Construction Corporation, Ricci/Welch, Inc., Sid Kamp, Inc., Silvestri Paving Company, Inc., Wigboldy Excavating, Inc., Third-Party Defendants)).

Appellate Court of Illinois, First District, Fifth Division.

February 13, 2009.


Attorney(s) appearing for the Case

Garrett L. Boehm, Jr., & Eydie R. Glassman, Johnson & Bell, Ltd., Chicago, IL, for Appellant, City of Harvey.

Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, Laura Wunder, Assistant Attorney General, State of Illinois, Chicago, IL, for Appellees.


Justice TOOMIN delivered the opinion of the court:

In the proceedings below, the trial court dismissed the City of Harvey's (the City) third-party complaint against the Illinois Department of Transportation (IDOT) and its former secretary1, Timothy Martin after determining that relief was barred by the doctrine of sovereign immunity and the complaint failed to plead sufficient facts to substantiate...

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