In a recent Illinois Supreme Court decision, Wilkins v. Williams, 2013 IL 114310, 991 N.E.2d 308, the Court expanded EMS Act, which gave immunity to EMS and ambulance operators from negligence claims brought by patients, to now include non-patient third parties. In Wilkins, a motorcyclist was injured when he was struck by an ambulance that was involved in an non-emergency transport.

 
The portion of the EMS Act in effect at the time of plaintiff’s accident provided, in pertinent part, that:

 
“(a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non-emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct.” 210 ILCS 50/3.150(a) (West 2006).

 
The Court found the negligence contemplated by section 3.150(a) included negligence toward third parties. The Court also found 11-205 and 11-907 of the Illinois Vehicle Code (Vehicle Code), which found drivers of ambulances must maintain a due regard for the safety of other motorists, was trumped by the EMS act. The Court further refused to remand the case to find whether the EMS worker’s actions constituted willful and wanton conduct, because the plaintiff failed to allege it. Therefore, the plaintiff was disavowed from bringing that claim in front of the Court.