EMT’s Gross Negligence Not Protected by Good Samaritan Law

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

Plaintiff, an injured party, filed a negligence action against defendants, an ambulance company, two emergency medical technicians (EMTs), and the town. The town filed a motion to strike the claim for indemnification against the town. The ambulance company and the EMTs filed a motion to strike the gross negligence counts against them.

The EMTs responded to an emergency call and decided not to begin resuscitative measures after determining that the injured party had not been struck by lightning and had been death for a lengthy period of time. After police officers arrived and informed the EMTs that the injured party had in fact been struck by lightning and was alive prior to the ambulance's arrival, a reassessment was performed and resuscitate measures began. The injured party suffered anoxic brain damage and other related injuries. The ambulance company and the EMTs argued that Connecticut did not recognize the tort of gross negligence as a separate basis of liability. The court disagreed, concluding that a cause of action for gross negligence exists at common law and such liability was not abolished by the Good Samaritan Law. The town alleged that the indemnification claim was legally insufficient because the injured party failed to allege that the EMTs' actions were not "wilful and wanton" as required by Conn. Gen. Stat. § 7-308. The court disagreed, finding that the injured party's allegations of negligence and gross negligence implied that the actions of the EMTs were not wanton or wilful.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Crandall v. Stonington Volunteer Ambulance Corp., 2007 Conn. Super. LEXIS 1064 (Conn. Super. Ct. May 2, 2007)