Blanco Wilczynski Obtains Dismissal In Wrongful Death Ambulance Case – Twice!
A United States District Court Judge dismissed a wrongful death suit against Huron Valley Ambulance, based on a Motion for Summary Judgment brought by Orlando L. Blanco and Derek S. Wilczynski of Blanco Wilczynski, P.L.L.C. In the case, the decedent’s family alleged that the Defendant was negligent in striking the decedent, who was intoxicated and standing in the roadway, and delayed in transporting her immediately to the hospital. Blanco Wilczynski defended the case on the grounds that the decedent wandered onto Michigan Avenue, exclusively causing the unavoidable accident and that care was rendered timely and appropriately.

In this decision, Federal Judge David Lawson ruled that Huron Valley Ambulance was not subject to the federal claim because it was not a “state actor.” Judge Lawson also ruled that the Plaintiff’s claims were barred because they had been litigated and dismissed in state court.

In that action, Washtenaw County Circuit Judge Timothy Connors dismissed the Plaintiff’s case against Huron Valley Ambulance on Defendants’ Motion for Summary Disposition, ruling that Huron Valley Ambulance was not liable for the death under Michigan’s Emergency Medical Services Act.