Excerpts from the DailyHerald.com:
Kane County Judge Edward Schreiber dismissed the lawsuit last week “with prejudice,” meaning plaintiff Alfredo Garcia can’t refile the lawsuit against the city or ambulance driver Glenn Baum in the future, records show. Garcia sought more than $50,000 in damages after he was rear-ended Dec. 29, 2011, by a Geneva ambulance while he was stopped at Kirk Road and State Street, according to his lawsuit.
Garcia’s attorney argued his client, who was on his way to work, missed a month at his manufacturing job and the city did not offer a reasonable settlement, thus prompting the lawsuit. Attorneys for the city successfully argued the city and Baum are protected under state law and “are immune from injuries caused by the negligent operation of a motor vehicle when responding to an emergency call,” according to court documents.
According to the suit and pretrial depositions, the Kirk Road bridge was covered in “black ice” at 4:50 a.m. when Garcia’s car was hit.
“The records remain devoid of any facts to demonstrate the Baum committed any willful or wanton acts or omissions causing the vehicle collision of resultant injuries,” wrote attorneys for the city.