December 28, 2007
RANDAL WILLIAMS and MARCUS BROWN, ) Appeal from the
) Circuit Court of
Plaintiffs-Appellants, ) Cook County.
THE CITY OF EVANSTON and JEFFREY )
GONZALES, ) Honorable
) Donald J. Suriano,
Defendants-Appellees. ) Judge Presiding.
PRESIDING JUSTICE QUINN delivered the opinion of the court:
On August 14, 2004, a City of Evanston ambulance driven by
defendant Jeffrey Gonzales, a City of Evanston firefighter/EMT,
collided with a vehicle driven by plaintiff Randall Williams.
Plaintiff Marcus Brown was a passenger in Williams' vehicle.
After plaintiffs filed a four-count complaint based solely on
negligence, they filed an amended complaint, which added four
counts based on willful and wanton conduct.
The circuit court granted defendants' motion to dismiss
plaintiff's four counts based on negligence. Thereafter, the
circuit court granted defendants' motion for summary judgment on
the remaining four counts. The circuit court based its ruling on
its determination that plaintiffs failed to set forth evidence
that Gonzales drove the ambulance in a willful and wanton manner.