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Keywords

plaintiffdefendantnegligenceliabilitywillduty of care
plaintiffdefendantnegligenceliabilitywillduty of care

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Coleman v. East Joliet Fire Protection Dist., 2016 IL 117952, 46 N.E.3d 741, 399 Ill.Dec. 422

Facts

Coretta Coleman called 911 on June 7, 2008, reporting that she could not breathe. Her call was mishandled by the 911 operator and the emergency dispatchers, leading to delays in the ambulance's arrival. After multiple miscommunications and a failure to force entry into her home, the ambulance crew left the scene without providing assistance. Coretta was later found unresponsive and pronounced dead at the hospital. Her estate filed claims against the emergency service providers for wrongful death and survival.

Coretta Coleman called 911 on June 7, 2008, reporting that she could not breathe. Her call was mishandled by the 911 operator and the emergency dispatchers, leading to delays in the ambulance's arrival.

Issue

Whether the public duty rule remains viable in Illinois and whether the defendants owed a special duty to Coretta Coleman.

Whether the public duty rule remains viable in Illinois and whether the defendants owed a special duty to Coretta Coleman.

Rule

The public duty rule provides that local governmental entities and their employees owe no duty of care to individual members of the public in providing governmental services, such as police and fire protection.

The public duty rule provides that local governmental entities and their employees owe no duty of care to individual members of the public in providing governmental services, such as police and fire protection.

Analysis

The court analyzed the historical context of the public duty rule and its implications for governmental liability. It determined that the public duty rule, which had previously shielded governmental entities from liability for negligence in providing emergency services, was no longer applicable. The court found that the rule's continued existence was inconsistent with the evolving standards of governmental accountability and the need for individuals to seek redress for wrongful conduct.

The court analyzed the historical context of the public duty rule and its implications for governmental liability. It determined that the public duty rule, which had previously shielded governmental entities from liability for negligence in providing emergency services, was no longer applicable.

Conclusion

The Supreme Court of Illinois held that the public duty rule and its special duty exception are abolished, allowing for potential liability of governmental entities in cases of willful and wanton conduct.

The Supreme Court of Illinois held that the public duty rule and its special duty exception are abolished, allowing for potential liability of governmental entities in cases of willful and wanton conduct.

Who won?

The plaintiff, Marcus Coleman, as the successor administrator of Coretta's estate, prevailed in the case because the Supreme Court abolished the public duty rule, allowing the estate's claims to proceed.

The plaintiff, Marcus Coleman, as the successor administrator of Coretta's estate, prevailed in the case because the Supreme Court abolished the public duty rule, allowing the estate's claims to proceed.

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