Appelete Opinion

In: Business and Management

Submitted By ghhotboy
Words 1282
Pages 6
2013 IL App (3d) 120450 Opinion filed February 26, 2013

IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 GARY WILLMS, Plaintiff-Appellant, v. OSF HEALTHCARE SYSTEM., Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois,

Appeal No. 3-12-0450 Circuit No. 11-L-252

Honorable David J. Dubicki, Judge, Presiding.

JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justices Lytton and McDade concurred in the judgment and opinion.

OPINION ¶1 The plaintiff, Gary Willms, a former employee of the defendant, OSF Healthcare System,

alleged that he was terminated in violation of the Illinois Whistleblower Act (740 ILCS 174/1 et seq. (West 2008)). The trial court granted OSF Healthcare’s motion to dismiss, finding that Willms’ communication with an Illinois Department of Public Health inspector was not a “disclosure” under the Whistleblower Act. Willms appealed.

¶2 ¶3

FACTS Since this was a dismissal on the pleadings, the facts are as alleged in Willms’ complaint.

Willms was employed as the maintenance director at the OSF Saint Clare Home for nine years. The St. Clare Home was owned and operated by OSF Healthcare. Willms was in charge of maintenance for the St. Clare Home. ¶4 In 2007, an outside contractor was hired to install a sidewalk between an exit door of the

St. Clare Home and a parking lot. An inspector with the Illinois Department of Public Health initially found that the sidewalk complied with health department regulations for handicap access. However, upon a return inspection in August 2008, the inspector told Willms that the sidewalk slope was about one inch too steep, and the inspector gave the facility until October 24, 2008, to alter the slope. Willms asked an employee of the contractor who installed the sidewalk to measure the slope…...

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