The Illinois Supreme Court considered an interlocutory appeal of a certified question asking whether a state executive order issued during the Covid-19 pandemic that triggered the immunity provided in 20 ILCS 2205/21(c) provided blanket immunity for ordinary negligence to healthcare facilities that rendered assistance to the State during the pandemic. The appellate court answered the question in the affirmative and the supreme court affirmed, explaining that the plain language of the executive order established that the Governor chose to limit immunity to ordinary negligence. The court noted that the immunity would apply only it the healthcare facility established that it was rendering assistance to the State at the time of the alleged negligence. (THEIS, NEVILLE, OVERSTREET, ROCHFORD, and O’BRIEN, concurring and CUNNINGHAM, dissenting)
Illinois Supreme Court
Civil Court
Tort Immunity