Marso v. SafeSpeed, LLC

Filing 186

MEMORANDUM AND ORDER sustaining 170 Motion for Summary Judgment. See Order for details. Signed by District Judge Kathryn H. Vratil on 8/1/2022. (sz)

Case 2:19-cv-02671-KHV Document 186 Filed 08/02/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ANDREW MARSO,

)
)
Plaintiff,
)
)
v.
)
)
SAFESPEED, LLC and
)
VILLAGE OF NORTH RIVERSIDE, ILLINOIS, )
)
Defendant.
)
____________________________________________)

CIVIL ACTION
No. 19-cv-02671-KHV

MEMORANDUM AND ORDER
This matter comes before the Court on Defendant, The Village of North Riverside’s Motion
For Summary Judgment (Doc. #170) filed May 6, 2022. For reasons briefly summarized below,
but as more fully stated on the record on July 29, 2022, said motion is sustained.1
1.

The record reveals no genuine issues of material fact. The Court disregards legal

argument in response to factual assertions, facts which are not supported by cited exhibits and facts
which plaintiff refuses to accept as uncontroverted but which he “controverts” in ways that are
immaterial or not genuinely in dispute. In addition to the other undisputed facts of record, most
critically, the record reveals no genuine issue of material fact on these three points:

1

To expedite a ruling on this motion, because this case is set for trial commencing
October 19, 2022, the Court has communicated the reasons for its decision without attempting
to draft a legal treatise or cite relevant case law. The law in this area is clear and the Court has
taken into account the authorities which are cited in the parties’ briefs, along with other
authorities. If necessary for future proceedings, the Court may supplement this order with
additional findings of fact or legal citations.
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Case 2:19-cv-02671-KHV Document 186 Filed 08/02/22 Page 2 of 3

A.

The Kansas Department of Revenue maintains registration records for all

Kansas license plates and disability placards.
B.

In response to a query by Nlets, initiated by Safespeed, LLC, the KDOR

misidentified plaintiff as the owner of a trailer which ran a red light in the Village of North
Riverside, Illinois on May 23, 2019.
C.

In reliance on that incorrect information, Safespeed provided information

to the Village which caused it to issue a traffic citation to plaintiff. The record contains no evidence
that SafeSpeed or the Village had knowledge or reason to suspect that the information which the
KDOR provided through Nlets was incorrect.
2.

Plaintiff has withdrawn his claim under Title II of the Americans with Disabilities

Act (Count II).
3.

The Village is entitled to summary judgment on plaintiff’s negligence claim (Count

III).2 The KDOR was the actual and proximate cause of the misidentification in this case. On
these facts, the Village had no legal duty to confirm that the KDOR identification was correct
before issuing the notice of violation. Also, under 625 ILCS 5/11-208-3, it was entitled to rely on
the information which KDOR provided. Plaintiff is essentially asserting a claim for negligent
prosecution, which is not actionable under Kansas law. In addition, on these facts, plaintiff
suffered no physical injury and is not entitled to recover damages for emotional distress.

2

In the Pretrial Order (Doc. #167) filed May 5, 2022, plaintiff asserts that the Village
breached its duty to properly confirm the identity of the alleged violator before issuing the
notice of violation. At oral argument, plaintiff’s counsel argued that the Village also breached
an independent duty to provide courteous, accurate consumer assistance to plaintiff. This
theory of liability is not contained in the Pretrial Order.
2

Case 2:19-cv-02671-KHV Document 186 Filed 08/02/22 Page 3 of 3

4.

The Village is entitled to summary judgment on plaintiff’s malicious prosecution

claim (Count IV). Plaintiff has not identified a genuine issue of material fact with regard to
whether the Village lacked probable cause to issue the notice of violation, or whether the Village
acted with malice. The Court finds that as a matter of law, the Village had probable cause to issue
the notice of violation to plaintiff.
IT IS THEREFORE ORDERED that Defendant, The Village of North Riverside’s
Motion For Summary Judgment (Doc. #170) filed May 6, 2022, be and hereby is SUSTAINED.
Dated this 1st day of August, 2022 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge

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