THE JOURNAL & TOPICS NEWSPAPERS | THURSDAY, OCTOBER 2, 2008
Supreme Court: Case Against Park Ridge Can Go On
The Illinois State Supreme Court reversed two lower courts allowing a 2004 wrongful death lawsuit against the City of Park Ridge to continue.
Jo Ann Abruzzo sued Park Ridge on behalf of the estate of her son, 15-year-old Joseph Furio. The suit alleges that Park Ridge paramedics responding to a call that Furio had collapsed left without reviving Furio or transporting him to a hospital for treatment. He later died.
The suit contends that Furio had a history of drug use that paramedics knew or should have known about.
Calling "willful and wanton misconduct," the suit alleges paramedics should have provided him with further treatment or brought him to a hospital where further treatment that might have saved his life would have been available.
Lower courts dismissed the case on the city's claim that the Tort Immunity Act protected the city from prosecution.
The court found for Abruzzo's claim that the Emergency Medical Services Systems Act trumped the Immunity Act.
"The only issue here is whether an immunity applies to bar plaintiff's claims," read the opinion.
Mayor Howard Frimark said he knew of the case but did not have enough information to immediately comment on the ruling or the case.
He said he, or city staff, would have comment later.
The Journal was not able to immediately reach lawyers for Abruzzo. All seven Supreme Court judges concurred with the opinion delivered by Justice Kilbride.
The case was remanded to the circuit court. A date will be sent once lawyers from the Corboy Firm in Chicago, representing Abruzzo, file with the district court.