WM&J Lawyer Obtains Outstanding Result in Case of First Impression

May 27, 2010

Jeffrey H. Lipe recently obtained summary judgment in favor of the firm's client, Superior Air-Ground Ambulance Service, Inc. in a Cook County case involving a collision between the plaintiff's sedan and a Superior ambulance.  As a result of the accident, the plaintiff was diagnosed with traumatic brain injury, right-sided hemiparesis, and significant cognitive impairment.  Her medical bills exceeded $500,000, and her permanent loss of employment was estimated by her economist to exceed $400,000.  In addition to her special damages, the plaintiff intended to make a significant claim for pain and suffering and loss of a normal life.  The case hinged on an interpretation of the Illinois EMS Act's immunity provision; specifically, whether the immunity provision applied to a case where the person injured was someone other than the EMT's patient.  The court found that immunity did apply where the EMTs were conducting a non-emergency transport at the time of the accident, which was the normal course of their duties as EMTs.  This is a case of first impression, and it is the first time any Illinois court has ruled that the immunity provision applies to an EMT and her employer when the injured party is someone other than the EMT's patient.