Mother of minor, who was electrocuted when he came in contact with tenant’s chain-link fence, brought wrongful-death action against tenant and city’s electrical inspector in his individual capacity for negligence in inspecting tenant’s premises. The Circuit Court denied inspector’s motion for judgment declaring that $100,000 cap on damages against a municipality applied to him. Inspector sought certification and review by the Supreme Court.
The Supreme Court held that as a matter of first impression, cap on damages for claims against a municipality did not limit the recovery on a claim against a municipal employee in his or her individual capacity.