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Tornabene v. Paramedic Services of Illinois6/14/2000
Defendant appeals a substantial jury verdict for plaintiff. Plaintiff cross- appeals. We reverse and remand for a new trial because the jury received a nonpattern jury instruction on willful and wanton negligence that misstated the law in Illinois.
To resolve the principal issue in this case we must examine language contained in a nonpattern jury instruction tendered by plaintiff. Defendant objected to the instruction, but the objection was overruled and the instruction was submitted to the jury as a definition of willful and wanton misconduct. The instruction defined willful and wanton misconduct as: "a course of action which shows an utter indifference to or conscious disregard for the safety of others, or a course of conduct involving a failure, after knowledge of an impending danger, to exercise ordinary care to prevent a danger." Plaintiff insists the language accurately states Illinois law. We disagree.
The record reveals the following facts relevant to the issues raised in this appeal. Rose Marie Tornabene, the decedent, was a 57-year-old woman with a 35-year smoking history. Tornabene suffered a pneumothorax or collapsed lung in 1987, resulting in surgery. Tornabene was also diagnosed with chronic obstructive pulmonary disease, also known as emphysema. Tornabene's doctor believed that the disease had spread to both lungs.
Tornabene had difficulty breathing on August 23, 1992. She woke up coughing at 4 a.m. Jill Cook, Tornabene's daughter, called paramedics at about 4:05 a.m. Defendant Paramedic Services of Illinois (PSI) arrived at about 4:12 a.m.
Paramedics Stephen Swiatkiewicz and Patricia Hutton went to Tornabene's bedroom. Tornabene was in distress and signaling that she could not breathe. Cook testified she told Hutton that her mother had emphysema and had suffered a collapsed lung in 1987.
The paramedics measured Tornabene's vital signs, blood pressure and pulse, then put an oxygen mask on her. Tornabene was uncooperative and repeatedly pulled the mask off. Her condition worsened as the paramedics prepared to take her to the hospital. They struggled with her to secure her to a stretcher. The paramedics spent 10 minutes in the house before taking her to the ambulance.
Tornabene was connected to a heart monitor and an EKG machine in the ambulance. Readings of her vital signs showed that her blood pressure, pulse and respiratory rate had dropped, symptoms of respiratory distress. The paramedics then tried to intubate her and assist her breathing with a bag valve mask. Tornabene lost consciousness in the ambulance, at about 4:25 a.m., 13 minutes after the paramedics had arrived at her house.
Paramedic Hutton called Resurrection Hospital and spoke to Nicoletta Ronstadt, an emergency room and mobile intensive care nurse (MICN). Hutton told Ronstadt about Tornabene's respiratory arrest, history of emphysema, shortness of breath, chest pain and unsuccessful attempts to intubate. The call ended at 4:28 a.m. Ronstadt did not tell the paramedics to immediately transport the patient because she knew they were treating the respiratory arrest. Hutton managed to reintubate Tornabene and assist her breathing at about 4:29 a.m.
Hospital records show that Tornabene arrived at the hospital at 4:35 a.m. in full cardiac arrest. Dr. Netanel Herscovitch, the emergency room physician, began CPR at 4:36 a.m. Tornabene became asystolic and unsalvageable at 4:45 a.m. Dr. Herscovitch decompressed Tornabene at 4:47 a.m. She was pronounced dead at 4:51 a.m.
Dr. Herscovitch examined Tornabene's Xrays with the paramedics and told them that Tornabene's right lung had collapsed. He then told the family of Tornaben
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