Monday, October 2, 2023

Summary Judgment In Favor of Ambulance Company Upheld [Non-Precedential]

In the non-precedential decision in the case of Fry v. Montrose Minute Men, Inc., No. 50-MDA-2022 (Pa. Super. July 28, 2023 Dubow, J., McLaughlin, J., and Collins, J.) (Op. by Collins, J.) [non-precedential], the Pennsylvania Superior Court sustained the entry of summary judgment entered in favor of a Defendant ambulance company in a case in which a Plaintiff alleged negligence and gross negligence against the ambulance crew members after the Plaintiff decedent passed away. 

The appellate court confirmed the lower court’s decision that the Defendant employees, acting in their capacities as a paramedics and EMTs did not demonstrate gross negligence or willful misconduct. As such, those employees, and by extension, the ambulance crew company, were absolved of any potential liability given the language of the Emergency Medical Services System Act (EMSSA), 35 Pa. C.S.A. §8101, et. seq.

Under the EMSSA it is provided that “[n]o EMS agency, EMS agency medical director or EMS provider who in good faith attempts to render or facilitate emergency medical care authorized by this chapter shall be liable for civil damages as a result of an act or omission, absent a showing of gross negligence or willful misconduct.”

As noted, the appellate court affirmed the entry of summary judgment in favor of the Defendants.

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

I send thanks to Attorney Ryan McBride of the Scranton office of Weber Gallagher for bringing this case to my attention.

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