Washington v. City of Evanston

Plaintiff Judy Washington appeals from the trial court’s grant of summary judgment to defendants St. Francis Hospital and Dr. Therese Kloempken in plaintiff’s action for the wrongful death of her newborn son Sabree Washington McKinley. Plaintiff alleges that the court erred in finding that defendants were immune from tort liability pursuant to the immunity provisions of the Emergency Medical Services (EMS) Systems Act (the EMS Act or Act) (210 ILCS 50/1 et seq. (West 1996)) and Dr. Kloempken’s conduct was not willful and wanton misconduct. We affirm.

On October 4, 1996, plaintiff went into…