IL Supreme Court abolishes Public Duty Rule

For many years, cities, villages, fire protection districts, and other local entities in Illinois that provide police, fire, and ambulance services have been shielded from legal liability under the so-called “public duty rule.” This doctrine has protected them from lawsuits brought by individuals who claim that emergency responders failed to meet their expectations in terms of service or response time.

However, on January 22, a majority of the Illinois Supreme Court justices voted to overturn this long-standing legal principle. In a 4-3 decision, they ruled that the public duty rule should no longer be applied, marking a significant shift in how local governments are held accountable for their actions.

The majority opinion was written by Justice Thomas L. Kilbride, with Justice Anne M. Burke joining in. Justices Charles E. Freeman and Mary Jane Theis added their own concurring opinion, while Chief Justice Rita B. Garman, Justice Robert R. Thomas, and Justice Lloyd A. Karmeier dissented.

In his opinion, Kilbride argued that the purposes of the public duty rule are better served by applying standard tort principles and statutory immunity rather than a rule that denies duty based solely on the defendant's status as a public entity. He concluded that the rule should be abolished, allowing traditional tort law to apply unless the legislature has specifically granted immunity.

The case originated in Will County, where the East Joliet Fire Protection District and other emergency services were sued by the family of Coretta Coleman, a woman who died in her home after paramedics did not respond quickly enough to her 911 call in 2008.

According to court records, Coleman called 911 from her home in an unincorporated area of Joliet, reporting breathing difficulties. Her call was transferred to Orland Central Dispatch, but she did not respond when the operator tried to reach her. She was placed in a queue for an “unknown medical emergency.”

Paramedics arrived at the scene but could not gain entry without police assistance. After leaving, neighbors called 911 again, prompting a second ambulance to arrive. By then, it had been 41 minutes since her initial call, and Coleman was found unresponsive and later pronounced dead.

Coleman’s husband filed a lawsuit alleging negligence and willful misconduct against the responding agencies. The case was initially dismissed in Cook County Circuit Court, and the ruling was upheld by the appellate court, citing the public duty rule.

This case sparked a broader debate about whether local governments should be immune from certain types of personal injury claims. The Illinois Supreme Court ultimately ruled that the state constitution’s rejection of sovereign immunity means that any immunity must come from legislative action, not judicial precedent.

While the majority saw the public duty rule as outdated, the dissenting justices, led by Justice Robert R. Thomas, argued that the court was abandoning a well-established legal principle without sufficient justification. They emphasized the importance of stare decisis and warned that removing the rule could discourage emergency responders from acting decisively in high-pressure situations.

The case drew attention from various public policy groups, including the Illinois Trial Lawyers Association, the Illinois Municipal League, and others, all of whom submitted amicus briefs. Legal arguments were presented by attorneys representing both the plaintiff and the defendants, highlighting the complexity of the issue.

This landmark decision may have lasting implications for how emergency services are held accountable in Illinois and could influence future legislation on governmental liability.

Thanks Dan

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