HeplerBroom attorneys recently prevailed in the Illinois Fifth District Appellate Court, which affirmed summary judgment in favor of the firm’s hospital client. The case alleged that the hospital’s ambulance crew failed to recognize a hazardous condition on the sidewalk and lost control of the gurney, resulting in the fall.

After several years of discovery, however, the plaintiff failed to present any evidence of causation or of willful and wanton conduct by the ambulance crew. The record instead showed the opposite—that the crew took all reasonable steps to prevent the fall. Applying the Illinois Emergency Medical Services Systems Act, the trial court granted summary judgment on both the negligence and willful and wanton claims, and plaintiff appealed.

On appeal, the plaintiff argued that summary judgment was premature without expert testimony on the standard of care and that factual issues remained regarding another entity’s sidewalk condition.

HeplerBroom argued in response that the plaintiff’s evidence was not properly authenticated, that the Rule 191 affidavit seeking additional discovery failed to comply with Supreme Court requirements, and that the depositions and documents conclusively disproved any willful and wanton conduct by the hospital’s crew. The Appellate Court agreed, affirming summary judgment in the hospital’s favor. The Court also held that it was the plaintiff’s burden to establish willful and wanton conduct and rejected the contention that expert testimony on the standard of care was required before summary judgment could be entered.

Dede Zupanci and Sarah Jolley led the trial team. Irina Dmitrieva briefed and argued the appeal. The full opinion is available here.