Vancura v. Katris

PRESIDING JUSTICE O’MALLEY,

dissenting:

I concur with the majority’s holding insofar as it reverses the trial court’s finding that Kinko’s was liable under the statutory count of plaintiffs complaint (violation of Illinois Notary Public Act (the Act)) because it allegedly “consented” to misconduct on the part of its employee, but I would reverse for a different reason than the one the majority found. After much criticism of Kinko’s, the majority concede that the trial court was incorrect to find that Kinko’s consented to Al-bear’s misconduct. Their stated reason is essentially that Kinko’s…