Cindy Phillips v. Rural Metro Of Tennessee, L.P.
E2016-02440-COA-R9-CV
| Tenn. Ct. App. | Oct 30, 2017Background
- On July 29, 2014, Charles Ray Phillips died in a vehicle accident; Rural Metro ambulance personnel arrived but refused to transport his remains, allegedly saying they did not want him to “stink up the ambulance.”
- Deceased’s body remained at the roadside until another ambulance transported it; local media reported the incident and the quoted remark.
- Cindy and Hobart Phillips sued Rural Metro, its corporate affiliates, and an employee (Moore) for intentional infliction of emotional distress, alleging the defendants’ conduct magnified their grief.
- Defendants moved to dismiss, arguing the suit is a "health care liability action" under the Tennessee Health Care Liability Act (THCLA) and Plaintiffs failed to comply with THCLA pre-suit notice and certification requirements.
- The trial court denied dismissal, finding the Complaint was not a health care liability action; defendants obtained interlocutory appellate review under Tenn. R. App. P. 9.
- The Court of Appeals considered whether refusing to transport a clearly dead body constituted failing to provide "health care services to a person" under THCLA and affirmed the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint alleges a "health care liability action" under THCLA | The deceased was clearly dead, so defendants did not provide/withhold health care services to a person; THCLA does not apply | Ambulance personnel were on scene to provide emergency medical/transport services; ambulance providers are health care providers and thus THCLA governs | Held: THCLA does not apply because a dead body is not a "person" who can receive health care services; the complaint is not a THCLA action |
Key Cases Cited
- Lind v. Beaman Dodge, Inc., 356 S.W.3d 889 (Tenn. 2011) (standards for Rule 12.02(6) motion to dismiss)
- Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695 (Tenn. 2009) (complaint-review principles on dismissal)
- Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422 (Tenn. 2011) (pleading sufficiency standards)
- SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467 (Tenn. 2012) (standards for reviewing dismissal and construing complaints)
- Ellithorpe v. Weismark, 479 S.W.3d 818 (Tenn. 2015) (THCLA definition and legislative intent that claims against covered providers for injuries related to provision/failure of health care services fall under THCLA)