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ANTONACCI v. CITY OF CHICAGO

No. 1-01-3317.

779 N.E.2d 428 (2002)

335 Ill. App.3d 22

268 Ill.Dec. 814

Yvonne ANTONACCI, Individually and as Special Administrator of the Estate of James Antonacci, Deceased, Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

November 6, 2002.

Attorney(s) appearing for the Case

Howard Schaffner, Hofeld and Schaffner, Chicago, for Appellant.

Mara S. Georges, Corporation Counsel of the City of Chicago, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Myriam Zreczny, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

We inquire into the extent of statutory immunity given the City of Chicago where its paramedics allegedly failed to perform an EKG or defibrillation on a patient they had diagnosed as having had a heart attack.

The trial court decided in favor of immunity and granted the City's motion to dismiss the complaint. We conclude the trial court's decision was premature. We vacate the order dismissing the lawsuit...

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