In the matter of Baldwin v. Ambulance Company* filed in Kalamazoo County Circuit Court, Plaintiff alleged that he was traveling in the right lane of Kings Highway in Kalamazoo when Defendant’s ambulance moved from the left lane into his path, causing him to lose control of his motorcycle resulting in a severe back injury. At the time of the accident, the Defendant ambulance crew was attending to a patient suffering from severe respiratory distress. The patient called 911 and an advanced life support (ALS) ambulance was dispatched to her home on a priority 1 basis with lights and sirens. The patient was administered a breathing treatment and medications and was then transported to the hospital.

At the time of the accident, a paramedic was administering ALS care to the patient in the back of the ambulance, including administering cardiac monitoring and oxygen to the patient. Accordingly, Blanco Wilczynski argued that Defendants were entitled to immunity from tort liability under Michigan’s Emergency Medical Services Act (EMSA), which provides that unless an act or omission is the result of gross negligence or willful misconduct, the acts of a licensed EMT and life support agency while providing services to a patient shall not impose liability in the treatment of a patient. The Court agreed, ruling that Defendants were at all times pertinent providing ALS treatment to the patient and were therefore immune from tort liability. The care is currently pending the entry of an order by the Court dismissing the case with prejudice.

* For the sake of client/attorney confidentiality, the name of our client is not included.