Gary v. City of Calumet City

Illinois Appellate Court
Civil Court
Immunity
Citation
Case Number: 
2020 IL App (1st) 191464 In re Applicati
Decision Date: 
Monday, December 28, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
COGHLAN

Plaintiff's decedent died 10 days after paramedics from city fire department administered treatment to her and brought her to the hospital, after she suffered a severe asthma attack. Under Emergency Medical Services Systems Act, City is immune from civil liability for provision of medical services in good faith, except when acting with willful and wanton misconduct. Paramedics engaged in extensive efforts to save decedent's life. Construing record liberally in favor of Plaintiff, a reasonable finder of fact could conclude that paramedic performed the intubation incorrectly into decedent's esophagus rather than her trachea, but also that this error might have been discovered and fixed prior to decedent's arrival at hospital if paramedics had used a pulse oximeter to continuously monitor her blood oxygen levels. Even if true, such errors do not reflect utter indifference to decedent's safety as required for finding of willful and wanton conduct. (WALKER and PIERCE, concurring.)