Hudson v. City of Chicago

State: Illinois

Docket No: 100466 Rel

Case Date: 01/25/2008

Preview:Docket No. 100466.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

GEORGE HUDSON, SR., Indiv. and on Behalf of the Estate of George Hudson, Jr., Deceased, et al., Appellants, v. THE CITY OF CHICAGO et al., Appellees. Opinion filed January 25, 2008.

CHIEF JUSTICE THOMAS delivered the judgment of the court, with opinion. Justices Freeman, Garman, and Karmeier concurred in the judgment and opinion. Justice Kilbride dissented, with opinion, joined by Justice Fitzgerald. Justice Kilbride dissented, with opinion, upon denial of rehearing, joined by Justice Fitzgerald. Justice Burke took no part in the decision. OPINION On March 30, 1999, plaintiffs, George Hudson, Sr., on behalf of the estate of his deceased son, George Hudson, Jr., and Ednarine Hudson, individually and as mother and next friend of Ronita Milton, filed suit against the City of Chicago, former Chicago Fire Commissioner Edward P. Altman, and unknown Chicago fire department personnel. Count I of plaintiffs' complaint alleged

negligence, and count II alleged willful and wanton misconduct in providing emergency services to George Hudson, Jr. In October 1999, the circuit court of Cook County granted defendants' motion to dismiss the negligence count on the ground that the City and its employees were immune under section 3.150 of the Emergency Medical Services (EMS) Systems Act (210 ILCS 50/3.150 (West 2000)). On July 25, 2002, plaintiffs voluntarily dismissed the remaining willful and wanton misconduct count pursuant to section 2

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