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Case Law Update: Wrongful Death Determined Under EMS Act

Abruzzo v. The City of Park Ridge, No. 104935 (10/2/08) held that the limited immunity of Emergency Medical Services Systems Act, rather than total immunity of Tort Immunity Act applied to complaint by a mother for the wrongful death of her 15 yr. old son, who died as the result of the failure of City’s ambulance squad, after responding to call by child’s father, to assess, evaluate, treat, or transport his unresponsive son, or even prepare a run sheet. Statutory provisions are inconsistent; therefore the more specific legislation, the EMS Act, applies. This first district case will have a profound effect on wrongful death lawsuits in the future.