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Washington v. City of Evanston

Case Date: 12/19/2002
Court: 1st District Appellate
Docket No: 1-01-0881 Rel

FOURTH DIVISION

December 19, 2002





No. 1-01-0881

 

JUDY WASHINGTON, Special Adm'r of the Estate of ) Appeal from the
Sabree McKinley, a/k/a/ Sabree Washington, Deceased, ) Circuit Court of
) Cook County
                                       Plaintiff-Appellant, )
)
v. )
)
THE CITY OF EVANSTON, a Municipal Corporation, )
)
                                      Defendant )
)
(St. Francis Hospital, an Illinois not-for-profit corporation, )
and Therese Kloempken, )
Individually and as Agent for St. Francis Hospital, )
) Honorable
                                     Defendants-Appellees). ) James Varga,
) Judge Presiding.

 

JUSTICE KARNEZIS delivered the opinion of the court:

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

On October 4, 1996, plaintiff went into labor while in the bathroom of her second-floorapartment in Evanston. She was 8