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McElmeel v. Village of Hoffman Estates8/26/2005
202 of the Act. In this case, the police officer was not investigating a traffic accident. Also, the Aikens court discusses both Fitzpatrick and Long by distinguishing them, with no indication that Long should be considered bad law.
In this case, plaintiffs' allegations describe police action far more similar to that alleged in Long and Kavanaugh than to that alleged in Doe and its progeny. At the time of the injury, Officer Bloss was assisting a motorist, not investigating the scene. The same was true in Long, even though the motorists there apparently had been in an accident, as the officer there was seeking to check on a motorist's injury and possibly summon medical assistance. Therefore, we conclude that at the time of the collision, the Village and Officer Bloss were providing police service immunized by section 4-202 of the Act, not executing or enforcing the law within the scope of section 2-202. Accordingly, the trial court did not err in dismissing the count against Officer Bloss and the Village based on willful or wanton conduct.
For all of the aforementioned reasons, the judgment of the circuit court of Cook County is affirmed.
Affirmed.
O'BRIEN and NEVILLE, JJ., concur.
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