Riffle v. Physicians & Surgeons Ambulance Service, Inc.
135 Ohio St. 3d 357
| Ohio | 2013Background
- Emergency medical services provided by city of Akron; EMTs allegedly failed to assess fetus and delayed transport; private ambulance service transported the patient to hospital; fetal bradycardia diagnosed, cesarean performed, placenta abruptio identified; infant survived three days; Riffles sue city and EMS personnel for negligence and willful/wanton conduct under R.C. 4765.49(B).
- Question at issue: whether R.C. 4765.49(B) is an express liability exception under R.C. 2744.02(B)(5) or merely an additional defense; whether it conflicts with the general immunity in 2744.02(A)(1).
- Trial court denied immunities for city; court of appeals held 4765.49(B) controls as the more specific provision, removing immunity for willful/wanton EMS misconduct.
- Court summarizes that EMS is a governmental function with immunity, but 4765.49(B) expressly imposes liability for willful/wanton EMS actions under 2744.02(B)(5); no conflict between statutes; appellate decisions interpreting 4765.49(B) as imposing express liability were not abrogated.
- Holding: R.C. 4765.49(B) express liability exception applies; city not immune where EMS actions were willful or wanton; dismissal affirmed for meaningful claim under willful/wanton misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do 4765.49(B) and 2744.02 conflict? | Riffle: 4765.49(B) expressly imposes liability; conflicts with general immunity. | City: no conflict; 4765.49(B) is an additional defense, not an express liability exception. | No conflict; 4765.49(B) is an express liability exception under 2744.02(B)(5). |
| Is 4765.49(B) merely a defense or an express liability exception? | 4765.49(B) imposes liability for willful/wanton EMS misconduct. | 4765.49(B) provides an additional defense only if an immunity exception applies. | 4765.49(B) expresses liability when willful/wanton misconduct occurs. |
Key Cases Cited
- Haverlack v. Portage Homes, Inc., 2 Ohio St.3d 26 (1982) (abolished common-law immunity absent statute)
- Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (three-tier immunity analysis under 2744.02)
- Summerville v. Forest Park, 128 Ohio St.3d 221 (2010-Ohio-6280) (statutory provisions construed as interrelated body of law)
- Clark v. Scarpelli, 91 Ohio St.3d 271 (2001) (legislative amendments reflect intent; interpret statutes harmoniously)