Wilkins v. Williams
968 N.E.2d 1074
Ill. App. Ct.2012Background
- Wilkins was injured when an ambulance driven by Williams, an EMT for Superior, collided with Wilkins’ car during a nonemergency transport to a nursing facility.
- Superior held EMS Act immunity and Williams asserted immunity to Wilkins’ negligence claim.
- Evidence showed Williams drove without lights/sirens in a nonemergency transport; traffic conditions were hedged by other vehicles and a truck obscured view.
- The circuit court granted summary judgment to defendants based on EMS Act immunity; Wilkins appealed.
- This court reversed the summary judgment, holding EMS Act immunity does not extend to third-party negligence based on ordinary negligent vehicle operation and must harmonize with the Illinois Vehicle Code.
- Case remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EMS Act immunity covers third-party negligence | Wilkins argues immunity does not extend to third-party injuries | Williams/Superior argue broad immunity covers all acts while providing medical services | Immunity does not extend to third-party negligence |
| Whether EMS Act immunity should be harmonized with Vehicle Code provisions | Wilkins contends EMS Act and Vehicle Code are compatible | Defendants argue EMS Act stands independently | EMS Act immunity cannot immunize negligent operation of a motor vehicle; Vehicle Code duties apply; not immunized |
| Whether willful and wanton misconduct defeats immunity | Wilkins contends willful/wanton conduct negates immunity | Defendants argue immunity remains; issue not reached on remand | Not decided due to remand disposition |
Key Cases Cited
- American National Bank & Trust Co. v. City of Chicago, 192 Ill. 2d 274 (2000) (transporting patients part of life support services; EMS Act immunity framed)
- Abruzzo v. City of Park Ridge, 231 Ill. 2d 324 (2008) (amended EMS Act broadened scope; immunity extends beyond emergency context)
- Meck v. Paramedic Services of Illinois, 296 Ill. App. 3d 720 (1998) (EMT immunity for mere negligence toward patients; distinguishes third-party claims)
- Gleason v. Village of Peoria Heights, 207 Ill. App. 3d 185 (1990) (EMS Act intent to encourage response without fear of liability)
- Currie v. Lao, 148 Ill. 2d 151 (1992) (duty of drivers in general; ordinary negligence standards)
- Brock v. Anderson Road Associates, 301 Ill. App. 3d 168 (1998) (third-party contribution context; distinguishes EMS Act immunity scope)
- Shuttlesworth v. City of Chicago, 377 Ill. App. 3d 360 (2007) (Tort Immunity Act context; relevance to EMS Act interpretation debated)
- Williams v. City of Evanston, 378 Ill. App. 3d 590 (2007) (emergency vehicle operation immunities under Tort Immunity Act; not controlling EMS Act)
- Aikens v. Morris, 145 Ill. 2d 273 (1991) (strict construction of immunities; derogation of common law)