Friday, August 23, 2019

Case of First Impression: Ambulance Company Owes Fiduciary Duty to Patients it Transports

In Covolus v. Menist, No. 281-CV-2019 (C.P. Monroe Co. May 29, 2019 Williamson, J.), a case of first impression, Judge David J. Williamson of the Monroe County Court of Common Pleas held that a fiduciary duty is owed by a business that provides ambulance services to persons that it transports for care.

According to the Opinion, the Plaintiff was being transported by an ambulance company from one hospital to a psychiatric hospital when he was sexually assaulted by an employee of the company in the back of the ambulance.   

The Plaintiff filed suit against the Defendant for intentional infliction of emotional distress and counts of negligent supervision, failure to prevent harm, and negligent infliction of emotional distress.

The Defendant filed Preliminary Objections asserting that no fiduciary duty existed between the company and the Plaintiff.   The court granted in part and denied in part the Preliminary Objections, thereby allowing the case to proceed.  

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (June 18, 2019). 

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