No. 1-04-0154 FIRST DIV. Filed: 3/12/07
KALYN ALWIN and DEVIN KOPPIE, ) Appeal from the
Co-Administrators of the Estate of Martin ) Circuit Court of
Larry Koppie, Deceased, ) Cook County.
THE VILLAGE OF WHEELING, THE CITY OF ) Nos. 97 L 13527, 97 L 13636,
PROSPECT HEIGHTS, and PALWAUKEE ) 97 L 13715 & 97 L 13716
MUNICIPAL AIRPORT COMMISSION, ))
(Albert-Culver USA, Inc., Alberto-Culver International, ) Honorable
Inc., and Alberto-Culver Company, Defendants and ) Thomas E. Flanagan,
Third-Party Plaintiffs-Appellees; Aon Aviation, Inc., ) Judge Presiding.
Third-Party Defendant-Appellee). )
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
In October 1996 a private jet aircraft crashed while attempting a takeoff from Palwaukee
Municipal Airport (Palwaukee). The plane was consumed by flames. All four persons on board
(two pilots, a flight attendant and one passenger) were killed.
Palwaukee is owned by defendants Village of Wheeling and City of Prospect Heights and
is managed through defendant Palwaukee Municipal Airport Commission (collectively,
municipal defendants). The plane was owned by defendant Alberto-Culver USA, Inc., and/or
defendant Alberto-Culver International, Inc., and/or defendant Alberto-Culver Company
(Alberto-Culver). One of the pilots, Robert Whitener, was employed by Alberto-Culver, and the