Fitzpatrick v. City of Chicago

Plaintiff, George Fitzpatrick, brought suit in the circuit court of Cook County against defendants, the city of Chicago (the city) and Officer Theodore Ptak (Ptak), to recover for injuries he sustained when an automobile driven by Isaías Marin collided with Ptak’s squad car. Defendants raised as an affirmative defense sections 2— 202 and 2 — 109 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, pars. 2—202, 2—109) (hereinafter cited as the Tort Immunity Act). Section 2 — 202 provides that “[a] public employee is not liable for his act or…