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Meerbrey v. Marshall Field & Co.

Supreme Court of Illinois

November 30, 1990, Filed

No. 69652


 [*459]   [**1224]   [****562]  JUSTICE WARD delivered the opinion of the court:

The plaintiff, Kenneth Meerbrey, brought an action in the circuit court of Cook County against the defendants, Marshall Field & Company (Marshall Field) and its agent, Tim Marcolini, seeking injunctive relief and monetary damages for false imprisonment, false arrest, and malicious prosecution. The trial court dismissed Marshall Field from counts II through V of the plaintiff's complaint, on the ground that the exclusivity provisions of the Workers' Compensation Act (Ill. Rev. Stat. 1987, ch. 48, par. 138.5(a)) barred the plaintiff's common law cause of action.  The trial court also dismissed defendant Marcolini from counts III through V of the complaint for failure to allege [***2]  sufficient facts to state a cause of action  [*460]  (Ill. Rev. Stat. 1987, ch. 110, par. 2 -- 615). The appellate court affirmed the dismissal of Marshall Field from counts II through V of the complaint and the dismissal of Marcolini from count V of the complaint, but reversed the trial court's dismissal of Marcolini from counts III and IV of the complaint. (189 Ill. App. 3d 1085.) We allowed the plaintiff's petition for leave to appeal (107 Ill. 2d R. 315(a)).

According to the allegations in the pleadings, Marshall Field employed the plaintiff as a part-time cashier and defendant Marcolini as a security guard. On January 19, 1985, the plaintiff was summoned to the security offices of Marshall Field, where he was questioned by Marcolini regarding the alleged theft of approximately $ 600 from Marshall Field. During this interview, the plaintiff took a polygraph test and ultimately signed a restitution form and promissory note regarding the theft. Thereafter, the plaintiff paid Marshall Field $ 500 under the terms of the note.

On February 12, 1985, the plaintiff returned to Marshall Field for the purpose of obtaining his payroll check for past earnings. According [***3]  to the allegations in the complaint, the plaintiff was arrested and forcibly taken to security offices by defendant Marcolini and other security personnel. Marshall Field and its agents then summoned members of the Chicago police department, who took the plaintiff into custody, escorted him through the store in handcuffs and transported him to police headquarters. The complaint also alleged that Marshall Field, through its agent, Rochella Davis, filed a criminal complaint charging the plaintiff with criminal trespass. The plaintiff alleged that he was  [**1225]   [****563]  placed on trial for that offense and that the trial culminated in his favor.

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139 Ill. 2d 455 *; 564 N.E.2d 1222 **; 1990 Ill. LEXIS 152 ***; 151 Ill. Dec. 560 ****


Prior History:  [***1]  Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County, the Hon. Dean J. Sodaro, Judge, presiding.

Disposition: Judgment affirmed.


co-employee, counts, false imprisonment, intentional torts, injuries, workers' compensation, exclusivity provision, cause of action, allegations, accidental, malicious prosecution, trial court, Workmen's, employees, commit, inflicted, false arrest, express authorization, common law action, common law cause, assault, arrested, intentionally, emotional, damages, course of employment, fellow worker, Industrial, appellate court, commanded

Governments, Legislation, Statutory Remedies & Rights, Workers' Compensation & SSDI, Exclusivity, Coverage, Actions Against Employers, Intentional Misconduct, Remedies Under Other Laws, Common Law, Compensability, Course of Employment, General Overview, Injuries, Accidental Injuries, Employment Status, Casual Employees, Exclusivity, Exceptions, Criminal Law & Procedure, Assault & Battery, Simple Offenses, Elements, Torts, Vicarious Liability, Employers, Scope of Employment, Intentional Torts, Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Responses, Motions to Dismiss, Dismissal, Involuntary Dismissals, Failure to State Claims, Malicious Prosecution, Elements, False Arrest, False Imprisonment, Defenses, Justifications & Privileges