Wrongful Death Suit vs. City Overturned
A court Monday overturned a $12.5 million wrongful death verdict against the City of Chicago related to a police shooting, and ordered a new trial.
The case involves Chicago Police officer Alvin Weems’ 2003 fatal shooting of Michael Pleasance at the CTA 95th Street terminal. An out-of-uniform Weems was at his train station post when he saw a fistfight between several males — Pleasance not among them — drew his gun, pulled one of the youths from the scuffle and fired his weapon at Pleasance, striking him in the head, according to the complaint filed on behalf of Pleasance’s family. The case was tried in December 2007.
In an opinion released Monday, a three-judge panel of the Illinois Appellate Court said the city didn’t get a fair trial because lawyers for Pleasance’s family improperly referenced in opening statements and closing arguments the city’s admission that Weems’ misconduct caused the death.
The city’s Law Department issued a statement saying it was pleased with the decision.
But trial attorneys representing the Pleasance family said in a case where a defendant admits that his wrongdoing caused a death, the jury is typically told of the admission to provide some context in which to make their decision.