Another Appellate Victory: Client’s Summary Judgment Affirmed!

Appellate|Insurance Defense|Transportation Law

Cardelli Lanfear is pleased to report that the Michigan Court of Appeals has upheld a trial court ruling granting summary disposition to a firm client.  In Griffin v Swartz Ambulance Services, the plaintiff was injured in an automobile accident.  While being transferred to the emergency room by the firm’s client’s ambulance, there was a second accident.  Ultimately, the plaintiff suffered a partial leg amputation and sued.  However, EMTs and paramedics are immune from liability under MCL 333.20965(1), which is part of the emergency medical services act (EMSA), MCL 333.20901 et seq.  The trial court recognized that, much like transporting a patient on a stretcher within a hospital is treatment, the transport of a patient to the emergency room for advanced care is a continuation of the treatment provided at the scene by EMTs and paramedics.  Thus, the trial court granted summary judgment and dismissed Plaintiff’s case.  On appeal, the Michigan Court of Appeals affirmed, with the majority of judges agreeing that treatment had to encompass the act of driving an emergency patient to the emergency room.  Accordingly, the Court upheld the trial court’s ruling in favor of the firm client.  See opinion: Griffin v. Swartz Ambulance Serv._ 2018 Mich. App. LEXI

The decision was featured on the front page of the Michigan Lawyers Weekly on December 12, 2018.  For more information on the case, please contact Tom Cardelli or Anthony F Caffrey III.