Harris v. Thompson
2012 IL 112525
| Ill. | 2012Background
- Harris sued Thompson and Massac County Hospital District for injuries from an ambulance collision in Metropolis, Illinois, on January 26, 2004.
- Thompson, an ambulance driver for the hospital district, was accompanied by an EMT during the transport of a diabetic patient.
- Harris was driving on Butler Road; the ambulance approached an intersection with Ninth Street; the collision occurred and all parties were injured.
- The circuit court entered judgment for Harris; the appellate court affirmed; the parties challenged immunity and duty constraints under the Tort Immunity Act and Vehicle Code.
- The court held the Tort Immunity Act controls; the Vehicle Code imposes duties but does not abrogate Act immunity, overruling Bradshaw; decision concerns whether a judgment of negligence can be maintained or must be non obstante veredicto.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Tort Immunity Act immunizes defendants from negligence | Harris argues Act immunity does not bar negligence claims here | Defendants contend Act immunity bars negligence claims | Act immunity applies; negligence claim barred |
| Whether Vehicle Code duties override or conflict with the Tort Immunity Act | Vehicle Code imposes a duty to refrain from negligence in emergency vehicle operation | Act immunities coexist with Vehicle Code duties; no overrule of Act | Vehicle Code duties and Act immunity operate in separate spheres and Bradshaw overruled; Act controls |
| Whether the decision should be applied retroactively or prospectively | Bradshaw should not apply retroactively | Decision applies retroactively (not limited to prospective application) | |
| Whether willful and wanton conduct should have been submitted to the jury | Evidence shows conscious disregard possible; jury should decide | Evidence does not show utter indifference; directed verdict appropriate | Directed verdict for defendants on willful and wanton conduct; no cross-relief for plaintiff |
Key Cases Cited
- Bradshaw v. City of Metropolis, 293 Ill. App. 3d 389 (Ill. App. 5th Dist. 1997) (conflict between Vehicle Code duties and Tort Immunity Act; majority rejected Bradshaw)
- Carter v. Du Page County Sheriff, 304 Ill. App. 3d 443 (Ill. App. 2d Dist. 1999) (Vehicle Code duties and Immunity Act viewed as non-conflicting; separate spheres)
- Sundin v. Hughes, 107 Ill. App. 2d 195 (Ill. App. 2d Dist. 1969) (duty to refrain from negligence in emergency vehicle operation (Vehicle Code))
- Henrich v. Libertyville High School, 186 Ill. 2d 381 (Ill. 2000) (School Code immunity analysis; separate spheres of immunity)
- Lanning v. Harris, 342 Ill. App. 3d 965 (Ill. App. 3d Dist. 2003) (Vehicle Code and Immunity Act considered in parallel; no overrule of Act)
- Abruzzo v. City of Park Ridge, 231 Ill. 2d 324 (Ill. 2008) (in pari materia; whenever general and specific statutes relate, the specific governs)
- Ries v. City of Chicago, 242 Ill. 2d 205 (Ill. 2011) (standard for reviewing directed verdicts and n.o.v.; de novo review)