IL Supreme Court abolishes Public Duty Rule

For many years, cities, villages, and fire protection districts in Illinois have been shielded from lawsuits brought by individuals who claim that paramedics, firefighters, or police officers failed to provide the level of care or response they expected. This protection was based on a long-standing legal principle known as the "public duty rule," which held that public entities were not legally obligated to serve any specific individual.

However, on January 22, the Illinois Supreme Court made a landmark decision, with a 4-3 majority, to eliminate this rule. The justices—Thomas L. Kilbride, Anne M. Burke, Charles E. Freeman, and Mary Jane Theis—voted to abolish the public duty rule, while Chief Justice Rita B. Garman, Robert R. Thomas, and Lloyd A. Karmeier dissented.

The court issued three separate opinions: a lead opinion written by Kilbride, which was joined by Burke; a concurring opinion from Freeman and Theis; and a strong dissent authored by Thomas. In his opinion, Kilbride stated that the purposes of the public duty rule could be better served by applying standard tort principles and statutory immunities rather than relying on a rule that automatically denied duty based on the defendant's status as a public entity.

The case originated in Will County, where the East Joliet Fire Protection District and other emergency services were sued after the death of Coretta Coleman. She called 911 in June 2008 due to breathing difficulties, but her call was transferred to an operator who was unable to reach her. Paramedics later arrived at her home but could not gain entry without police assistance. After several minutes, they left, and Coleman was found unresponsive hours later.

Coleman’s husband filed a lawsuit, claiming negligence and willful misconduct against the agencies involved. However, the lower courts dismissed the case, citing the public duty rule. The appellate court upheld that decision, until the Illinois Supreme Court stepped in.

The court ruled that the public duty rule no longer aligned with modern legal principles, especially given the state constitution’s rejection of sovereign immunity. The justices emphasized that if lawmakers wished to protect certain governmental activities from liability, they could do so through legislation. But under current law, traditional tort principles should apply unless specifically exempted.

While the majority saw the rule as outdated, the dissenting justices argued that the court was overstepping by overturning a precedent that had stood for decades. Justice Thomas criticized the majority for abandoning well-established legal doctrine without a compelling reason, warning that such a move could discourage public officials from acting decisively in emergencies.

The case drew attention from numerous organizations, including the Illinois Trial Lawyers Association and the Illinois Municipal League, which submitted amicus briefs. Legal arguments were presented by both sides, with the Coleman family represented by attorney Roman R. Okrei and the defendants by a team of attorneys, including Stephen H. DiNolfo and Kimbley A. Kearney.

This ruling marks a significant shift in how public entities are held accountable for their actions, and it may have far-reaching implications for future cases involving emergency services across Illinois.

Thanks Dan

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