Wilkins v. Superior Ambulance et. al.

Amicus Brief on Behalf of Illinois Trial Lawyers Association


Amicus Brief seeking to limit applicability of the immunity provision of the Emergency Medical Services System Act.

The trial court’s interpretation of the Emergency Medical Services System Act, (hereinafter “EMSS Act”),operates to leave plaintiffs who happen to be injured by the negligence of personnel engaged in activities wholly unrelated to the provision of emergency medical care without redress. The appellate court was correct when it determined that the EMSS Act did not apply to the facts of this case.The Illinois Trial Lawyers Association urges this Honorable Court to affirm that portion of the decision of the Illinois Appellate Court’s decision holding the EMSS Act does not immunize EMS personnel from claims of negligence by third parties and further hold the EMS Act does not grant immunity for negligent transport of patients because the statute is specifically limited to the provision of medical care, the legislature did not intend to grant immunity for the negligent operation of a motor vehicle, and the Vehicle Code governs the operation of emergency vehicles.

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Published In: Personal Injury Updates

Reference Info:Appellate Brief | State, 7th Circuit, Illinois | United States