Abrams v. City of Chicago

811 N.E.2d 670, 211 Ill. 2d 251, 285 Ill. Dec. 183, 2004 Ill. LEXIS 678
CourtIllinois Supreme Court
DecidedMay 20, 2004
Docket96210
StatusPublished
Cited by185 cases

This text of 811 N.E.2d 670 (Abrams v. City of Chicago) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abrams v. City of Chicago, 811 N.E.2d 670, 211 Ill. 2d 251, 285 Ill. Dec. 183, 2004 Ill. LEXIS 678 (Ill. 2004).

Opinion

JUSTICE THOMAS

delivered the opinion of the court:

Plaintiff, Patricia Abrams, individually and as special administrator of the estate of Georgia Sabrina White, brought this negligence action against defendant, the City of Chicago, to recover for injuries sustained in an automobile accident. The trial court granted summary judgment for the City, finding that the City’s conduct was not a proximate cause of plaintiffs injuries. The appellate court reversed. 338 Ill. App. 3d 179. We allowed the City’s petition for leave to appeal (177 Ill. 2d R. 315(a)), and now reverse the judgment of the appellate court.

BACKGROUND

The relevant facts are not in dispute. In the early morning hours of November 18, 1997, plaintiff called the City’s 911 service, requesting an ambulance to take her to the hospital because she had gone into labor with her seventh child. Her labor pains were 10 minutes apart, and she did not have a vehicle of her own to drive to the hospital. The 911 dispatcher, later identified as Vicki Hernandez, told plaintiff that the situation was not an emergency and then hung up the phone.

A few minutes later, plaintiffs sister, Dorothy Brown, placed another 911 call on behalf of plaintiff. The dispatcher for this second call, later identified as Antoinette Cacioppo, explained to Brown that labor pains at 10-minute intervals did not constitute a medical emergency. She then gave Brown the number of a private ambulance service.

Vicki Hernandez, the dispatcher who handled the first call, testified in her deposition that the City’s Office of Emergency Communications (OEC) uses a system of flip cards to determine whether to send an ambulance. When pains are less than five minutes apart in a second pregnancy, birth is considered imminent. If a woman called without a way to get to the hospital and her contractions were more than five minutes apart, an ambulance would not be sent. Hernandez acknowledged that the phrase “when in doubt, send” appears on all the cards.

OEC flip card No. 26 lists the dispatch priorities for pregnancy-related matters. Priority I calls for an ambulance to be sent under the following conditions: bleeding in the third trimester; fainting; more than four months pregnant with pains less than five minutes apart; pregnant and hemorrhaging; and delivery or postpartum. Priority III provides that an ambulance will not be sent under the following conditions: pains greater than five minutes apart if private transport is immediately available; or if pregnant but no hemorrhage or pain.

Daniel Bull, a third dispatcher on duty at the time 911 calls were handled, testified that, although it was not covered by the rules, if a woman called for an ambulance with pains 10 minutes apart on a successive pregnancy and private transport was not available, he personally would have sent an ambulance in that situation. He based his opinion on the “when in doubt, send” policy and on the fact that labor pains at 10-minute intervals for a second or later child means that the baby is closer to being born than a first child would be.

After the second 911 call, Brown called a private ambulance service and was told that they did not have an ambulance available. Plaintiff apparently did not call back the 911 dispatcher and inform her that private transport was not available. Instead, plaintiff telephoned her friend, Henrietta Young, who agreed to leave work to take her to the hospital. Young arrived at plaintiff’s residence five minutes later.

As they drove to the hospital, Young generally observed the speed limit and obeyed traffic signals. However, when Young came to the intersection at King Drive and Pershing, she held down her horn and went through a red light. According to Young’s deposition, she looked both ways before proceeding, but did not see any traffic coming. In the intersection, Young’s car collided with a vehicle driven by Gregory Jones. Jones was speeding at the time, traveling between 75 and 80 miles per hour. In a handwritten statement to police, Jones admitted that he had a beer, two double shots of rum, and crack cocaine, before getting behind the wheel of his car. He also admitted that he was driving on a suspended licence. Plaintiff was seriously injured in the collision. She spent two weeks in a coma, and her baby, Georgia Sabrina White, died after delivery.

Plaintiff sued the City, alleging willful and wanton misconduct in the failure to provide ambulance service. The City filed a motion for summary judgment, contending that it had no duty to provide an ambulance and, in any event, the failure to provide an ambulance was not the proximate cause of plaintiffs injury and her child’s death. Plaintiff filed a response to the motion for summary judgment, attaching the affidavit of Dr. Frank Baker. Dr. Baker’s affidavit stated that it was his opinion that plaintiff likely would not have been involved in an automobile accident had the City sent an ambulance. The trial court granted the City’s motion, finding that its conduct was not the proximate cause of plaintiff s and her daughter’s injuries. The trial court found it unnecessary to reach the duty issue.

The appellate court reversed. 338 Ill. App. 3d at 188. Without citing any authority on point, it found that the trial court “erred in ruling on causation while declining to rule on the issue of whether the City owed plaintiffs a duty of care.” 338 Ill. App. 3d at 186. The appellate court then proceeded to resolve the case on the proximate cause issue, without reaching the merits of the duty issue. The appellate court found that “the dispatchers (the ‘first wrongdoers’) reasonably might have anticipated the efficient intervening cause (Young running the red light and being struck by Jones’s car) as a natural and probable result of the dispatcher’s own negligence. The plaintiff arguably showed legal cause because the City arguably could have reasonably foreseen the disregard of a traffic signal by someone attempting to transport a woman in labor to a hospital, after the City refused to send an ambulance.” 338 Ill. App. 3d at 187. According to the appellate court, the cases cited by the City were “distinguishable, as they did not involve drivers transporting women in labor to the hospital.” 338 Ill. App. 3d at 187.

After allowing the City’s petition for leave to appeal, we granted the Illinois Municipal League, the Park District Risk Management Agency and the Illinois Association of Governmental Pools leave to submit an amicus curiae brief in support of the City. We also granted the Illinois Trial Lawyers Association leave to submit an amicus curiae brief in support of plaintiff.

ANALYSIS

The primary issue raised by the parties on appeal is whether the City’s failure to send an ambulance to transport plaintiff to the hospital was the proximate cause of the injuries sustained on the way to the hospital. The parties’ arguments also raise questions about whether the City owed a duty to plaintiff under the circumstances and whether any duty owed was breached. We may, however, assume the existence of a duty and its breach for the sake of discussion in order to address the proximate cause issue. Thompson v. County of Cook, 154 Ill. 2d 374, 382 (1993).

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Bluebook (online)
811 N.E.2d 670, 211 Ill. 2d 251, 285 Ill. Dec. 183, 2004 Ill. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrams-v-city-of-chicago-ill-2004.