Peck v. Air Evac EMS, Inc.

**What Happened** An employee sued their former employer, claiming they were wrongfully fired, maliciously prosecuted, and subjected to intentional emotional distress. Initially, a jury awarded the worker $150,000 in damages. However, the employee wasn't satisfied with some aspect of the first trial and requested a new trial, which the court granted. In the second trial, the jury ruled in favor of the employer instead, awarding no money to the employee. **What the Court Decided** The Illinois Supreme Court sided with the employer. The court ruled that since the employee had asked for and received a new trial after winning the first one, they couldn't later complain that granting the new trial was a mistake. The court essentially said "you can't have it both ways" - the employee chose to roll the dice again and lost. **What This Means for Workers** This case serves as an important warning for workers who win employment lawsuits. If you're unhappy with certain aspects of your trial victory, think very carefully before requesting a new trial. Once you ask for and receive a do-over, you're stuck with whatever happens in the second trial, even if the outcome is much worse than your original win.