Senese v. The Village of Buffalo Grove

              No. 2--07--1017 Filed: 6-5-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
CHRISTOPHER SENESE, ) Appeal from the Circuit Court
) of Lake County
Plaintiff-Appellee, ))
v. ) No. 06--MR--535
)
THE VILLAGE OF BUFFALO GROVE, ) Honorable
) David M. Hall,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
Plaintiff, Christopher Senese, filed a complaint against defendant, the Village of Buffalo
Grove (Village), seeking, inter alia, a declaratory judgment that the Village must pay health
insurance premiums for plaintiff and his family pursuant to section 10 of the Public Safety Employee
Benefits Act (Act) (820 ILCS 320/10 (West 2006)). Following a bench trial, the trial court entered
judgment in plaintiff's favor. The Village argues on appeal that plaintiff was ineligible, as a matter
of law, to receive benefits under the Act. We disagree and therefore affirm the judgment of the trial
court.
The relevant facts are not in dispute. On February 24, 2004, plaintiff was employed by the
Village as a full-time police officer. On that date, plaintiff had been assigned to monitor traffic at
the intersection of Half Day Road and Prairie Road. He did so from his squad car, which was parked
at the side of Willow Parkway. While plaintiff was seated in the squad car, another vehicle struck