Gallagher Bassett Services v. Miggins

In this appeal, we are asked to determine whether, in an action brought by a municipality’s subrogee for damage to an emergency vehicle, section 5 — 106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/5— 106 (West 2000)) immunizes the municipality from the defense of comparative negligence. We hold that it does not.

Plaintiff, Gallagher Bassett Services, as subrogee of Elk Grove Village (Village), filed a complaint alleging that on February 24, 2000, a Village ambulance was responding to an emergency call when it was struck by a truck…