Jordan Isom v. State of Illinois

ORDER

BIRNBAUM, CJ.

For the reasons set forth below, it is hereby ORDERED that the above-captioned case is DISMISSED with prejudice.

By way of background, somewhere around midnight between October 14, 2000, and October 15, 2000, a motor vehicle accident occurred in Johnson County, Illinois. The vehicle involved in the accident was owned by the State of Illinois. It was occupied by William R. Barham (“Barham”) and Jerry Isom. Barham was a Warden and Jerry Isom was an employee of the Illinois Department of Corrections at the time of the accident.

Prior to the accident, Barham and Jerry Isom traveled to Harrisburg, Illinois, to pick up the Director of the Department of Corrections at the Harrisburg-Raleigh Airport to take him to a political event at Southeast Illinois College, and return him to the airport. After they returned the Director to the airport in Harrisburg, Barham and Jerry Isom met some colleagues at the Lakeside Bar and Grill (the bar), also located in Harrisburg. Barham drank while at the bar. Barham and Jerry Isom left the bar 4-5 hours later to drive home to Vienna. Sometime around midnight, their vehicle left the roadway and struck a tree. Barham was seriously injured in the accident, and Jerry Isom died as a result of his injuries in the accident. A witness at the scene saw Barham leaning against the steering wheel. Mr. Isom was trapped in the vehicle. His legs were pinned between the passenger seat and floorboard. His head and torso were lying across the middle of the hood. At 12:50 a.m., Illinois State Trooper Jay Hall informed Barham that he was under arrest for driving under the influence of alcohol. On October 16, 2000, Trooper Hall filed an Affidavit of Probable Cause stating that, to the best of his knowledge, Barham committed the crimes of reckless homicide and aggravated DUI.

THE ISOM LAWSUIT

On October 27, 2000, Lori A. Isom (“Isom”), as Administratrix of the Estate of Jerry W. Isom, brought a wrongful death action against Barham in the Saline County Circuit Court arising out of the motor vehicle accident. Isom alleged that Barham negligently drove the vehicle, causing it to crash, and that as a result of the crash, Jerry Isom was injured and died. Barham denied that he was the driver of the vehicle. Barham filed a responsive pleading attacking the complaint on December 22, 2000. Four days later, Isom’s estate filed an Amended Complaint, and then filed a Second Amended Complaint on October 25, 2001.

[*118] The lawsuit proceeded to a three-week jury trial on April 27, 2010. Legal counsel engaged by State Farm represented Barham. At trial, Barham again denied that he was the driver of the vehicle at the time of the accident. The jury rejected Barham’s testimony and returned a verdict in favor of Isom in the amount of $1 million, a verdict for the defendant pursuant to the survival action, and a $12,000 verdict for the plaintiff under the Family Expense Act. The jury specifically found that Barham was the driver of the vehicle at the time of the occurrence by answering in the affirmative to the special interrogatory, “Did the plaintiff meet her burden of proof that the defendant was the driver of the automobile at the time of the negligent operation of the automobile?”

ISOM’S DECLARATORY JUDGMENT ACTION

Lori Isom filed a declaratory judgment and mandamus action against the State in the Circuit Court of Saline County on March 23, 2010, seeking money damages for violating the CMS law, arguing that the State was obligated to satisfy the verdict rendered by the jury and entered in Isom’s lawsuit. Barham and State Farm intervened in the action and joined Isom’s argument. The Circuit Court found that the State Law Immunity Act, Court of Claims Act, and the CMS law barred Isom’s declaratory judgment and mandamus action. The Fifth District Appellate Court affirmed the circuit court's decision on June 11, 2012. Shortly thereafter, Barham and State Farm filed an action with the Court of Claims (Barham v. State). Barham and State Farm sought a declaratory judgment that the State breached its duty to defend, indemnify and hold harmless Barham for the Isom lawsuit and resultant judgment.

Lori Isom filed a Complaint in this Court on February 10, 2014, claiming breach of duty pursuant to 20 ILCS 405/405-105(11) against the State of Illinois and James P. Sledge, Director of the Department of Central Management Services of the State of Illinois. On December 23, 2015, this Court dismissed Lori Isom’s Complaint for the reason that the statute of limitations had run out. On June 2, 2016, this Court granted Isom’s Motion to Reconsider, stating that Lori Isom could refile not individually, but as Administratix of the Estate of Jerry Isom (deceased) on behalf of minor Jordan Isom. Lori Isom filed a Motion to Amend Complaint on June 5, 2016, which this Court denied on December 29, 2016, stating that Lori Isom or some other party must be appointed as a personal representative of Lori Isom’s minor child pursuant to the Probate Act, and that James Sledge was dismissed from this action pursuant to this Court’s lack of jurisdiction over individuals.

Lori Isom was given leave to file an amended complaint and on January 30, 2017 an amended complaint was filed by Jordan Isom who had reached the age of majority. A motion to consolidate Barham v. State was filed on April 12, 2018. Notwithstanding the Amended Complaint, this Court must dismiss Claimant Jordan Isom’s case entirely because, having already considered and determined that Barham was not acting within the scope of his employment while operating the state vehicle in Barham v. State, the Respondent did not breach its duties under 20 ILCS 405/405-105(11), and Claimant Jordan Isom cannot obtain the relief sought in this Court as a matter of law.

IT IS HEREBY ORDERED that the above-captioned case is DISMISSED and the pending Motion to Consolidate is DENIED as MOOT.