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Kawaguchi v. Gainer9/16/2005
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. Plaintiff also sued Effinger and the Illinois State Toll Highway Authority (Authority). The suit was filed in the circuit court of Du Page County, and Trooper Gainer and the Authority moved to dismiss pursuant to section 2--619 of the Code of Civil Procedure (Code) (735 ILCS 5/2--619 (West 2002)). Trooper Gainer argued, among other things, that, under the doctrine of sovereign immunity, plaintiff's suit should have been filed in the Court of Claims and the circuit court therefore lacked jurisdiction to hear the case. For its part, the Authority argued, among other things, that, because Trooper Gainer was an employee of the State Police and not of the Authority, the Authority was not vicariously liable for her alleged negligence. The court granted defendants' motions to dismiss and denied plaintiff's motion to reconsider. Plaintiff appeals, and we affirm.
I. BACKGROUND
A. Facts
The facts of this case are largely undisputed. On April 6, 2002, Trooper Gainer was conducting a traffic stop on northbound Interstate 294, when she received a radio dispatch of an accident with injuries at the intersection of York Road and Interstate 88. Because Trooper Gainer's patrol area included this intersection, the dispatch was specifically directed at her. An applicable State Police policy and procedure manual instructed Trooper Gainer and her fellow officers to treat a report of an accident with injuries as an emergency.
After receiving the emergency dispatch, Trooper Gainer informed the motorist she had pulled over that "it was his lucky day." She said that she had a more important call, told him to be more careful, and gave him his driver's license back. Then she prepared to respond to the emergency call.
Trooper Gainer was used to getting calls like this one. For most of her more than half a decade with the State Police, she was one of the troopers assigned to District 15, which is responsible for policing the tollways. District 15 exists pursuant to a contract between the Authority and the State Police. That contract was entered into pursuant to a statute, which provides that the State Police are not required to police the tollways except as required by contract and authorizes the State Police and the Authority to enter into such contracts. See 20 ILCS 2610/20 (West 2002). The statute also limits the acceptable terms of such contracts. For example, such contracts must provide that the Authority is financially responsible for claims of injury or illness made by State Police officers assigned to the tollways. Additionally, such contracts must provide that the Authority is responsible for the cost of police uniforms and equipment. 20 ILCS 2610/20 (West 2002). Further, such contracts must provide that the Authority is responsible for the cost of police training and compensation . 20 ILCS 2610/20 (West 2002). Pursuant to the statute, the Authority and the State Police entered into a contract to police the tollways.
Under that contract, although the officers assigned to District 15 enforce tollway regulations, the State Police has the exclusive authority to direct, control, and supervise the manner in which the officers perform their duties. As Trooper Gainer put it, "all supervision and control as to the manner in which I conducted my empl
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