Seaman v. Thompson Electronics Co.
Case Date: 09/28/2001
Court: 3rd District Appellate
Docket No: 3-01-0101 Rel
No. 3--01--0101 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2001
PRESIDING JUSTICE HOMER delivered the opinion of the court: This appeal presents two issues regarding the PrevailingWage Act (the Act) (820 ILCS 130/0.01 et seq. (West 2000)). First, we must decide whether a right to a jury trial existsunder the Act. Second, we must determine the limitations periodapplicable to claims filed under the Act. We conclude that aright to a jury trial does not exist and that the five-yearstatute of limitations in section 13--205 of the Code of CivilProcedure (Code) (735 ILCS 5/13--205 (West 2000)) applies. The plaintiffs filed a suit against Thompson ElectronicsCompany (Thompson) claiming damages for lost wages under the Act. They demanded a jury trial in their complaint. Thompson moved tostrike the demand, asserting that the Act does not provide for ajury trial. The judge concluded that a right to a jury trialexists under the Act and denied Thompson's motion. Thompson further moved for partial summary judgment,asserting that some of the plaintiffs' claims were barred by thethree-year statute of limitations in the Minimum Wage Law (820ILCS 105/12(a) (West 2000)) and other claims were barred by thefive-year statute of limitations in section 13--205 of the Code. The judge concluded that the five-year statute of limitationsapplies to the Act and thus partially granted Thompson's motion. The judge also declared that the issues he had decidedinvolved questions of law on which substantial ground existed fordifference of opinion, and that an immediate appeal maymaterially advance the ultimate termination of the litigation. This court subsequently allowed Thompson to file an immediateinterlocutory appeal under Supreme Court Rule 308(a) (155 Ill. 2dR. 308(a)). Since the issues before us present questions of law, ourreview is de novo. See Yang v. City of Chicago, 195 Ill. 2d 96,745 N.E.2d 541 (2001). The Illinois Constitution provides that "[t]he right oftrial by jury as heretofore enjoyed shall remain inviolate." Ill. Const. 1970, art. I, |