Carmichael v. Union Pacific Railroad Co.Annotate this Case
Carmichael was an employee of the Railroad, which contracted with PTI to transport its employees to and between job sites. Plaintiff was riding in a PTI van in the course of her employment when the van collided with another vehicle, causing plaintiff severe injuries. Plaintiff settled with the driver of the other vehicle, for the limits of his automobile insurance policy, $20,000. Plaintiff sought a declaration that the PTI was legally responsible for her damages due to a statutory violation: PTI’s vehicle insurance policy did not contain the minimum coverage required by the Illinois Vehicle Code (625 ILCS 5/8- 101(c)). In both an affirmative defense and a counterclaim, PTI argued that section 8-101(c) was unconstitutional. Illinois Supreme Court Rule 19 requires a party challenging the constitutionality of a statute to provide notice to the Attorney General, to afford the appropriate state officer “the opportunity, but not the obligation, to intervene." PTI avoided that process. The appellate court affirmed the dismissal of the counterclaim. The Illinois Supreme Court agreed that the counterclaim was not under Illinois law and remanded. A purported counterclaim that fails to allege an independent, substantive cause of action against the plaintiff and fails to make a specific prayer for relief but only seeks to defeat the plaintiff’s claims is really an affirmative defense, not a counterclaim.