October 11, 2007
HECTOR ADAMES, JR., and ROSALIA DIAZ, ) Appeal from the
as Co-Special Administrators of the Estate of ) Circuit Court of
Joshua Adames, Deceased, ) Cook County.
No. 01 L 05894
MICHAEL F. SHEAHAN, in his Official Capacity ) Honorable
as Cook County Sheriff, BERETTA U.S.A. ) Carol Pearce McCarthy,
CORPORATION, and FABBRICA D’ARMI ) Judge Presiding.
PIETRO BERETTA S.P.A., )
JUSTICE MURPHY delivered the opinion of the court:
On May 5, 2001, Joshua Adames (Josh) was shot in the abdomen while playing with
William Swan (Billy). Billy’s father, David Swan (David), was employed by the Cook County
sheriff’s department at the time. Billy, age 13, had found David’s service weapon in his parents’
bedroom closet and was playing with it when Josh came over. While playing, Billy accidentally
shot Josh in the stomach and he died as a result of the abdominal wound.
Plaintiffs, Hector Adames, Jr., and Rosalia Diaz, co-special administrators of the estate of
Joshua Adames, brought suit against various defendants. At issue on appeal are plaintiffs’ claims
against defendant Cook County Sheriff Michael F. Sheahan (Sheahan) and defendant Beretta
U.S.A. Corp. (Beretta). Following the conclusion of discovery, the trial court granted