IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS HEATHER AND KEVIN HARER, ) CO-EXECUTORS OF THE ESTATE OF ) SAMANTHA HARER, ) John C. Anderson Plaintiffs ) Circuit Judge v. ) FELIPE “PHIL” FLORES, ) Case No. 22-LA-666 f Defendant. ) z ORDER Heather and Kevin Harer are the parents of Samantha Harer, who is now deceased. Tragically, she died of a gunshot wound to the head on February 13, 2018. Felipe “Phil” Flores, ‘Samantha’s boyfriend (or estranged boyfriend), was the only person present when Samantha was shot. Evidently, law enforcement authorities determined that the gunshot wound was possibly self-inflicted, and Felipe was not charged with her death. ‘The Harers filed this civil lawsuit against Felipe. The case is before the Court for a hearing on proof of damages. Default judgment is granted, as set forth below. 1. Background ‘The precursor to this lawsuit was originally filed in federal court. See Harer v. Flores, 18- CV-6822 (N.D. Ill). Eventually, the District Court disposed of the federal claims and relinquished jurisdiction over the case, since all that remained were state-law claims. In October 2022, plaintiffs re-filed their lawsuit in state court. Their complaint asserts three counts, partially predicated on the Survivor Act (755 ILCS 5/27-6): Count | ~ Wrongful Death; Count ll - Intentional Infliction of Emotional Distress (suffered by the Harers); and Count Ill Intentional Infliction of Emotional Distress (suffered by Samantha). Felipe was personally served with a summons and a copy of the Complaint on December 15, 2022. In February 2023, plaintiffs’ counsel requested that Felipe be defaulted for failure to appear and answer. The Court granted that motion. In March 2023, Felipe appeared through counsel and requested that the default be vacated and that he be given leave to answer. The Court granted that routine request, given that Illinois reviewing courts have repeatedly held that the interests of justice dictate, in all cases, that resolution on the merits is preferred over a resolution based on technical or procedural grounds. See Colonial Penn Ins. Co. v. Tachibana, 53 IIl_App.3d 981, 983 (1977) (holding that default judgments are not favored and should be employed only as last resort). 1However, no answer was filed and, in April 2023, Felipe’s attorneys withdrew from the case. On April 24, 2023, with Felipe present, the Court advised that if Felipe did not file a formal appearance by the next court date, he would be defaulted again. In May 2023, the parties again appeared for case management. Felipe was present, but still had not filed an answer either pro se or through counsel. The Court defaulted Felipe again, and advised him that the Court would not entertain a motion to vacate the default unless that ‘motion included (as an exhibit) a proposed answer or other pleading, and a formal appearance. il, The Prove-Up Hearing On June 30, 2023, the case was before the Court for a hearing on damages. Felipe was physically present in the courtroom. The Court asked Felipe if he wished to say anything before the hearing. The Court did this with the expectation that Felipe might ask to vacate the default, ht ask for additional time, or might explain his difficulties in complying with the Court's scheduling orders. Instead, Felipe stated that he had done nothing wrong, and he abruptly left the courtroom. Since Felipe received notice and had the opportunity to participate, and also because he had the opportunity to request a continuance or other relief but made no such request, the hearing proceeded in his absence with regard to damages. Specifically, Plaintiffs presented the following unrefuted evidence at the prove-up hearing: Testimony from Heather and Kevin Harer; Testimony from Dan Grubisich an EMT from the Channahon Fire Protection District, Sergeant Cary Morin of the Illinois State Police Division of Criminal Investigations, and Dr. Karl Reich, an expert in the field of DNA analysis. The Harers also admitted, inter alia, scene photos from Samantha's Apartment shortly after her death [Ex 9a-m]; sworn deposition testimony of Saul Tellez and an excerpted video interview referenced in that deposition [Ex. 8-8a]; sworn deposition testimony of Mary Wong [Ex. 12]; photos of Felipe taken shortly after the shooting [Ex. 10a-e]; and an excerpt from Felipe’s deposition. [Ex. 14] ‘The Harers’ evidence established as follows. Minutes before Samantha was shot, 2 neighbor heard banging sounds and yelling coming from the apartment, with a woman screaming “let me go.” Samantha was found shot in her bedroom; she was naked at the time. Felipe apparently told authorities that he was in the living room at the time of the gunshot. A large dent was present in the drywall, which was consistent with the notion of a struggle from within the apartment; the dent was not there the prior day. Felipe had blood spatter and gunshot residue on his right hand and on the right arm of his sweatshirt, while gunshot residue was not found on Samantha's hand. The gun that killed Samantha had substantial elements of Felipe’s DNA (18 of 20 DNA markers, with the other two being partial markers that did not exclude Felipe).Applying the preponderance standard, the Court finds that the foregoing evidence contradicts the notion that Felipe was outside the bedroom when Samantha was shot, and further contradicts the notion that she shot herself. Rather, the evidence demonstrates that Felipe likely shot and killed Samantha. The Harers have adequately proven the elements of their claims for wrongful death and emotional distress against Samantha.* Likewise, the Court finds that the Harers have adequately proved the elements of their ‘own claim for emotional distress. The Court finds Samantha had a strong and enduring relationship with her parents and had lived with them until moving out less than a year before she died. She spent time with them regularly and communicated with them on a near-daily basis, Samantha was a strong student, a devoted daughter, and hard worker. The Harers described Samantha as strong-willed and denied that she was in a depressed or suicidal mental state at the time of her death. Samantha had made an appointment to finish a tattoo on the afternoon of her death. Samantha played a critical role in helping her parents in any number of tasks, including by assisting her mother in her fight against Cancer. To be sure, the Harers have suffered unimaginable pain and suffering since Samantha's passing, MI. Conclusions ‘The evidence demonstrates that Felipe made offensive and harmful physical contact with Samantha, without valid cause. The conduct was undertaken with reckless and intentional disregard to Samantha's life. As a direct and proximate cause of Felipe’s misconduct, Samantha suffered severe physical and emotional injuries, including death. In summary, the Court finds that Felipe likely caused Samantha's death. Further, as a result of Felipe’s reckless and intentional misconduct, the Harers suffered loss of Samantha's care, assistance, society, companionship, comfort, guidance, and counsel. ‘They also suffered severe mental anguish resulting from her death. Based on the foregoing, the Court enters judgment in favor of Heather and Kevin Harer, and against Felipe “Phil” Flores, on all counts. The Court awards the Harers compensatory damages in the amount of $15,000,000 ($10,000,000 for Count I; $2,500,000 for Count Il; and $2,500,000 for Count III). "The Court's findings today do not constitute a criminal conviction. The Court is mindful that a criminal charge entails a high standard of proof (e., beyond a reasonable doubt), whereas a civil case typically entails @ preponderance standard. But, even under a clear and convincing standard, if it applied, the Courts ruling today {would be unchanged. Further, the Court takes no position on whether Felipe ought to be charged; that is not the Court's decision to make. Besides, the Court is not in a position to understand why Felipe was not charged with Samantha's death, as no one from the Channahon Police Department, nor the coroner's office, nor other law enforcement authorities, testified to explain thelr perspective as to why Samantha's death might have been a suicide.Finally, the Court notes that its ruling is not merely a product of Felipe refusing to participate in the case. Even in instances of a default due to failure to participate in the litigation, it is proper for a Court to require a plaintiff to prove its case. Colonial Penn Ins. Co. v. Tachibana, 53 Ill App.3d 981, 983 (1977); American Service Ins. v. City of Chicago, 404 IIL App.34 769, 778 (2010). if a plaintiff cannot meet its burden in establishing the propriety of a default, the court may refuse to enter default or default judgment. See Universal Casualty Co. v. Lopez, 376 IIL App.3d 459, 464-465 (2007). Here, plaintiffs proved their case in accordance with the proper evidentiary standard. And, given the procedural history of the case (Felipe was defaulted twice, was told what he needed to do to vacate the second default, was told what would happen if he failed to comply, and he willfully refused to participate in the hearing), any request to vacate the default judgment will be disfavored absent extraordinary circumstances. ‘The Clerk is directed to place the prove-up exhibits in the file. Because the exhibits ude crime scene photos, the exhibits are to be impounded. Any efforts to enforce the monetary judgment are to be brought before Judge Jeffrey Tuminello. Clerk to notify. ENTERED: Dated: July 20, 2023 ‘John C. Anderson Circuit Judge