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TORNABENE v. PARAMEDIC SERV. OF ILL. INC.

Nos. 1-98-0333, 1-98-0471.

731 N.E.2d 965 (2000)

314 Ill. App.3d 494

247 Ill.Dec. 192

Jack TORNABENE, as Special Adm'r of the Estate of Rose M. Tornabene, Plaintiff-Appellee and Cross-Appellant, v. PARAMEDIC SERVICES OF ILLINOIS, INC., an Illinois Corporation, Defendant-Appellant and Cross-Appellee; (Patricia Hutton; Stephen Swiatkiewicz; Resurrection Health Care Corporation, d/b/a Resurrection Medical Center, an Illinois Corporation; Nethanel Herscovitch; and Nicoletta Manousos Ronstadt, Defendants).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied July 14, 2000.

Attorney(s) appearing for the Case

Cassiday, Schade & Gloor, Chicago (Michael J. Morrissey, Catherine L. Garvey, Jennifer A. Keller and Alison E. O'Hara, of counsel), for Appellant.

Michael W. Rathsack, Chicago (Patricia C. Bobb, Marina E. Ammendola, James N. Karahalios and Michael W. Rathsack, of counsel), for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

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

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