Witham v. Mowery

On January 27, 1984, plaintiff, Porter Witham, filed a complaint against defendant, Larry Mowery, in the circuit court of McLean County. The complaint alleged that, at a time when both plaintiff and defendant were employees of the Illinois Department of Transportation, “defendant did knowingly, intentionally, wilfully, maliciously and wrongfully [grasp] plaintiff about the neck, [choking] and [bruising] plaintiff, causing internal and external injuries to plaintiff.” Defendant filed a motion to dismiss plaintiff’s complaint on the ground that it was barred by section 5(a) of the Illinois…