Contact me at markploftus@aol.com

Mentioned last night a recent First Appellate District case involving the responsibilities of emergency personnel responding to a fire. In Fender v. Town of Cicero, certain plaintiffs sued the Town of Cicero for its negligence when police officers responding to a fire elected not to even attempt a rescue of persons inside a burning home. The defendants moved to dismiss, citing the Tort Immunity Act, which effectively insulates municipal employees from liability under most circumstances. In this case, the fire resulted in the deaths of five children, as well as serious injuries to other plaintiffs. The trial court had granted the motion and the plaintiffs appealed.

The plaintiffs argued, in effect, that in light of the training provided to emergency personnel, the police that responded should have at least attempted a rescue. The Appellate Court though, didn't buy their argument. First, the Court noted that the immunity under the Act applies to "public safety officers", including police officers that respond to a fire. The Court went on to note that the safety personnel were immune from liability even if they don't attempt to rescue. Interestingly, the Court went on to note that even if the officers acted in a wilful and wanton manner(acting in such a way that they knew someone would get hurt)they would still be immune from liability. The Appellate Court upheld the lower court's dismissal. Bottom line: it is almost impossible to recover against a fireman or policeman for his decision not to attempt a rescue.

In Court today on a mold claim where my client basically lost her house because of mold. Several defense lawyers, who have made me jump though hoop after hoop, informed the Court today that they hadn't answered my discovery because they "never received it". Yeah, the case has been on-going for oh, nearly a year, and I haven't issued any discovery. Unbelievable. Went back and checked the file and lo and behold, I did issue discovery to them, back in January. Next month's anticipated excuse? The dog ate it....