FILED: December 16, 2008
WILLIAM ZUCCOLO ) APPEAL FROM THE
) CIRCUIT COURT OF
Plaintiff-Appellant, ) COOK COUNTY.
v. ) No. 06 L 422
HANNAH MARINE CORPORATION, ) THE HONORABLE
) WILLIAM TAYLOR,
Defendant-Appellee, ) JUDGE PRESIDING.
JUSTICE HOFFMAN delivered the opinion of the court:
The plaintiff, William Zuccolo, appeals from an order of the
circuit court entering summary judgment in favor of the
defendant, Hannah Marine Corporation (Hannah Marine), finding
that his claims brought under the Whistleblower Act (740 ILCS
174/1 et seq. (West 2004)) and the Illinois common-law tort of
retaliatory discharge were preempted by federal maritime law.
For the reasons which follow, we reverse and remand the matter to
the circuit court for further proceedings.
The plaintiff filed a two-count complaint against Hannah
Marine, alleging that he was discharged from his position as
captain of a vessel known as the "William L. Warner" (the Warner)
for threatening to report, actually reporting, and refusing to
participate in activities that he reasonably believed were in