Tornabene v. Paramedic Services of Illinois, Inc.

PRESIDING JUSTICE CAHILL

delivered the opinion of the court:

Defendant appeals a substantial jury verdict for plaintiff. Plaintiff cross-appeals. We reverse and remand for a new trial because the jury received a nonpattern jury instruction on willful and wanton negligence that misstated the law in Illinois.

To resolve the principal issue in this case we must examine language contained in a nonpattern jury instruction tendered by plaintiff. Defendant objected to the instruction, but the objection was overruled and the instruction was submitted to the jury as a definition of willful and wanton…