Family Files Wrongful Death Lawsuit Against Paramedics Charged with Murder
Illinois Wrongful Death Lawsuit After Patient Dies in EMS Care
The family of Earl Moore Jr., a 35-year-old Springfield man, filed a wrongful death lawsuit against two LifeStar ambulance workers and their employer after Moore died while being transported to a hospital in December 2022. The lawsuit followed the filing of criminal charges against the two emergency medical workers.
According to authorities and reports at the time, Moore was experiencing alcohol withdrawal and hallucinations when police requested an ambulance. Body-camera footage captured the response. After Moore was taken outside, the emergency medical workers placed him face down on a stretcher and secured him with straps across his back. An autopsy determined that Moore died from compressional and positional asphyxia associated with the prone restraint. CBS News.
Case Update:
The criminal cases have since changed significantly. Peter Cadigan pleaded guilty to involuntary manslaughter in April 2026 and was sentenced in June 2026 to 24 months of probation, 100 hours of community service, and 180 days in jail with credit for time served. Peggy Finley’s first-degree-murder case remains pending, with a further court hearing scheduled for September 22, 2026. The Moore family’s wrongful death case against LifeStar was also reportedly resolved through an undisclosed settlement. These developments do not by themselves establish liability in any remaining civil claims against individual defendants.
What Happened to Earl Moore Jr.?
According to reporting on the case, police responded to a Springfield residence after receiving information that Moore was in medical distress and experiencing hallucinations while withdrawing from alcohol. When the LifeStar ambulance workers arrived, Moore appeared unable to follow ordinary commands to sit up or move onto the stretcher.
Police body-camera footage showed paramedic Peggy Finley attempting to get Moore to sit up and, at one point, dragging him across the floor. Moore was eventually moved outside. EMT Peter Cadigan then placed Moore on his stomach on the stretcher, and the two workers secured him with restraints.
Moore was transported to HSHS St. John’s Hospital and died after arriving at the emergency department. The autopsy determined that his cause of death was compressional and positional asphyxia caused by the prone, face-down restraint on the ambulance stretcher. ABC7 Chicago.
Important:
The allegations concerning the handling of Moore were contested in the criminal proceedings. Defense attorneys argued that the conduct did not amount to criminal wrongdoing. The body-camera footage, medical evidence, and testimony were among the evidence relevant to determining what happened.
Elements of a Wrongful Death Lawsuit in Illinois
Under the Illinois Wrongful Death Act, 740 ILCS 180/1, a wrongful death action may arise when a person’s death is caused by a wrongful act, neglect, or default that would have allowed the deceased person to bring a personal injury claim had the person survived.
In a typical wrongful death claim, the plaintiff must establish the underlying wrongful conduct, causation, and legally compensable damages. The action is generally brought by the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin. See 740 ILCS 180/2.
A Wrongful Death Case May Require Proof Of:
- Wrongful conduct: The defendant engaged in conduct that violated an applicable legal duty.
- Causation: The defendant’s conduct caused or contributed to the person’s death.
- Damages: The surviving spouse or next of kin suffered legally recognized losses resulting from the death.
- Standing to bring the action: The lawsuit must be brought by the person authorized under the Wrongful Death Act.
The specific elements and evidentiary requirements can vary depending on the legal theory involved and the defendant’s relationship to the deceased person.
EMS Providers Have Special Civil Liability Protections in Illinois
A particularly important issue in a case involving paramedics or EMTs is Illinois’ statutory protection for emergency medical services personnel. Under 210 ILCS 50/3.150, a person, agency, or governmental body authorized under the Emergency Medical Services Systems Act generally is not civilly liable for acts or omissions in providing emergency or non-emergency medical services when acting in good faith, unless the conduct constitutes willful and wanton misconduct.
The statute also extends similar protection to private or governmental organizations that administer, sponsor, authorize, support, finance, educate, or supervise EMS personnel for covered activities, unless the conduct involved willful and wanton misconduct.
Why This Matters:
In an Illinois case involving emergency medical providers, proving ordinary negligence may not be enough to overcome the statutory immunity in 210 ILCS 50/3.150. The evidence may instead need to establish conduct that rises to the level of willful and wanton misconduct, depending on the defendant and the nature of the claim.
Negligence Versus Willful and Wanton Conduct
Ordinary negligence generally involves a failure to use reasonable care under the circumstances. In contrast, Illinois law generally defines willful and wanton conduct as a course of action showing either an intentional disregard of a known duty necessary to the safety of another or a reckless disregard for the safety of another. In an EMS case, that distinction can be especially important because of the immunity provisions that apply to emergency medical services personnel.
A failure to act as a reasonably careful person or professional would have acted under similar circumstances.
Conduct involving a conscious disregard or reckless disregard for the safety of another may satisfy a more demanding standard than ordinary negligence.
Whether particular conduct meets the willful-and-wanton standard depends on the evidence and circumstances of the case. A plaintiff cannot establish the standard merely by showing that an emergency medical provider made a mistake.
Why Body-Camera Footage May Be Important
Evidence showing what occurred during an emergency response can be especially important in a wrongful death case involving EMS personnel. In the Moore case, police body-camera footage captured portions of the interaction between Moore, police officers, and the LifeStar workers.
Evidence concerning Moore’s condition, reported hallucinations, alcohol withdrawal, and other information communicated to the emergency personnel can be relevant to determining what they knew at the time.
Video may help establish how the patient was moved, positioned, restrained, and transported.
Video, medical records, autopsy findings, witness statements, and other evidence may help establish the sequence of events and the relationship between the conduct and the patient’s death.
Criminal Charges and a Civil Wrongful Death Case Are Different
A criminal prosecution and a civil wrongful death lawsuit serve different purposes and use different legal standards. A criminal case asks whether the defendant committed a criminal offense under the applicable statute. A civil wrongful death case seeks monetary damages and may proceed under a different legal theory.
In Moore’s case, both Peter Cadigan and Peggy Finley were originally charged with first-degree murder. Cadigan later pleaded guilty to involuntary manslaughter. On June 23, 2026, he was sentenced to 24 months of probation, 100 hours of community service, and 180 days in jail with credit for time served. Finley’s first-degree-murder case remains pending. WAND-TV.
The fact that a criminal case exists does not automatically determine the outcome of a civil wrongful death claim. The parties, claims, defenses, evidentiary standards, and available remedies can differ between the two proceedings.
What Happened to the Wrongful Death Lawsuit?
Moore’s family filed the wrongful death lawsuit against Peter Cadigan, Peggy Finley, and LifeStar Ambulance Service in January 2023. The family later reached an undisclosed settlement with LifeStar, according to reporting in 2026. The amount and terms of that settlement were not publicly disclosed. Springfield Business Journal.
A settlement with one defendant does not necessarily resolve every issue involving other defendants or related proceedings. The status of any remaining civil claims should be determined from the court record.
Talk to a Champaign, IL Personal Injury Lawyer Today
A wrongful death case involving emergency medical care can involve complicated questions concerning the standard of care, causation, statutory immunity, willful and wanton misconduct, and the evidence available to establish what happened.
If you or your family member has lost a loved one because of another party’s conduct, the attorneys at Patel Law, PC can investigate the circumstances, review the available evidence, and help determine what legal claims may apply. Call our Champaign personal injury lawyers today to schedule a free consultation.
Have Questions About an Illinois Wrongful Death Claim?
Contact Patel Law, PC to discuss your case and learn about your legal options.
Sources:
CBS News
Illinois Wrongful Death Act, 740 ILCS 180/1
740 ILCS 180/2
210 ILCS 50/3.150
