John P. Lynch, Jr. Obtains Summary Judgment on Breach of Contract and Negligence Claims in a Wrongful Death Action


John Lynch obtained summary judgment on the negligence and breach of contract claims filed in a wrongful death action in Cook County. The plaintiff, the administrator of the estate of her husband, alleged that the defendant, an ambulance company, caused her husband’s death by using a wheelchair to transport him rather than a stair chair. Her husband allegedly fell out of the wheelchair, ruptured his spleen, and died several weeks later. John argued that the defendant could not be held liable for negligent conduct pursuant to the Emergency Medical Services Act. He also argued that the defendant was not contractually obligated to use a stair chair rather than a wheelchair while transporting the husband. The court agreed and granted the defendant’s motion for summary judgment.