JUNE 4, 2008
WAYNE PALMER, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
FREIGHTLINER, LLC, and ZELDA MORENO, ))
No. 04 L 1779
Defendants and Third-Party Plaintiffs-Appellants )))
(ADT Security Services, Inc., ) Honorable
) Randye Kogan,
Third-Party Defendant-Appellee). ) Judge Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
Plaintiff, Wayne Palmer, filed a lawsuit in the circuit court of Cook County against Zelda
Moreno, individually, and as an agent of Freightliner, LLC, for damages sustained in a fall at
Freightliner’s facility in Wood Dale, Illinois. Freightliner and Zelda Moreno appeal the trial court’s
granting of third-party defendant ADT Security Services, Inc.’s motion for good-faith finding and
the court’s application of Ohio law. On appeal, Moreno and Freightliner argue that the trial court
erred by holding that Ohio law applies, thereby granting ADT immunity from this lawsuit. For the
following reasons, we reverse the circuit court.
Plaintiff, Wayne Palmer, an Ohio resident, was a security system installer for ADT Security
Systems, Inc. (ADT). Palmer was assigned to ADT’s Broadview Heights, Ohio office, but
occasionally worked in other offices in surrounding states. In December 2002, Palmer volunteered