Vancura v. Katris

              1 Kinko’s has become a subsidiary corporation of FedEx Corporation and been renamed
FedEx Office.
SIXTH DIVISION
December 26, 2008
1-06-2750
RICHARD P. VANCURA,
Plaintiff/Appellee and Cross-Defendant and Cross-Appellant,
v.
PETER KATRIS, GUSTAVO ALBEAR, GLENN S. BROWN,
RANDALL BOATWRIGHT, OLD KENT BANK, as Trustee Under
Trust Agreement 6927, and KINKO’S, INC.,
Defendants/Appellant and Cross-Plaintiffs and Cross-Appellees.
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Appeal from
the Circuit Court
of Cook County
98 CH 6225
Honorable
Bernetta D. Bush,
Judge Presiding
JUSTICE McBRIDE delivered the opinion of the court:
After a bench trial, the circuit court found defendant Kinko’s, Inc. (Kinko’s) liable for
damages resulting from its employee’s notarization of a forged signature on a mortgage
assignment. Kinko’s1 seeks reversal, contending the court misconstrued section 7-102 of the
Illinois Notary Public Act (5 ILCS 312/7-102 (West 1986)) (Act) regarding employer liability
and further erred by imposing liability under the common law for negligent training and
supervision. This is a case of first impression regarding an employer’s liability under the Act for
a notary’s “official misconduct.” 5 ILCS 312/7-102 (West 1986). Defendant Peter Katris, who
stood to profit from the real estate transaction involving the forged mortgage assignment, has
filed a brief in support of the statutory and common law judgments against Kinko’s. Plaintiff
Richard P. Vancura, whose signature was forged, cross-appeals, seeking the full amount of his