214 A.3d 561
Md.2019Background
- In March 2011 Kerry Butler, Jr. (28) complained of chest pain; Baltimore City Fire Department medics Joseph Stracke (EMT-B) and Stephanie Cisneros (paramedic) responded to a 9-1-1 call and arrived on scene within ~17 minutes of the call.
- Petitioners visually assessed Butler, took vitals in the ambulance, transported him to Harbor Hospital about seven minutes after first arriving, and brought him into the ER; Butler later collapsed in the ER and died; autopsy found myocardial infarction.
- Respondents (Butler’s estate and family) sued Petitioners for wrongful death and survival claiming gross negligence in pre-hospital care and transport; the City was dismissed on governmental immunity grounds.
- A jury found Petitioners grossly negligent and awarded damages; the trial court granted JNOV for Petitioners, concluding the evidence was legally insufficient to prove gross negligence.
- The Court of Special Appeals reversed the JNOV; the Court of Appeals granted certiorari to resolve sufficiency of evidence and statutory immunity issues under the Fire and Rescue Company Act, Cts. & Jud. Proc. § 5-604(a).
- The Court of Appeals reversed the Court of Special Appeals: it held the evidence did not establish gross negligence and that § 5-604(a) unambiguously affords immunity to municipal fire departments and their employees for ordinary negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether gross negligence by omission defeats § 5-604(a) immunity | Respondents: grossly negligent omissions (failure to follow protocols, mis-assessment, forcing patient to walk, failure to notify hospital) remove immunity | Petitioners: alleged failures were at most simple negligence; § 5-604(a) shields employees absent willful or grossly negligent acts | Court avoided deciding because it held no gross negligence on facts; dissent argued omissions can be gross and defeat immunity |
| Whether evidence at trial was sufficient to prove gross negligence causing death | Respondents: jurors could infer wanton/reckless disregard from protocol violations and conduct at scene/ER | Petitioners: they assessed vitals, transported promptly, and made reasonable judgments in a developing emergency; errors were mistaken medical judgment, not gross negligence | Court: evidence insufficient as a matter of law to show gross negligence; JNOV properly granted |
| Whether § 5-604(a) grants immunity to municipal fire departments and their employees for simple negligence | Respondents: statute should be read to cover private/volunteer entities only (rely on TransCare and legislative history) | Petitioners: Chase controls; § 5-604(a) plain language covers all fire/rescue companies and personnel, municipal included | Court: § 5-604(a) unambiguously applies to municipal departments and their employees and shields them from ordinary negligence claims; Chase remains controlling precedent |
Key Cases Cited
- Barbre v. Pope, 402 Md. 157 (2007) (definition of gross negligence as intentional failure to perform a manifest duty in reckless disregard of consequences)
- Beall v. Holloway-Johnson, 446 Md. 48 (2016) (ordinary negligence may often present a jury question whether it is gross negligence; but gross negligence requires wanton or reckless disregard)
- Mayor & City of Baltimore v. Chase, 360 Md. 121 (2000) (interpreting § 5-604(a) to include municipal fire departments and personnel within immunity)
- Cooper v. Rodriguez, 443 Md. 680 (2015) (standard for reviewing JNOV: view evidence in light most favorable to non-moving party)
- McCoy v. Hatmaker, 135 Md. App. 693 (2000) (medic’s error in medical judgment, even if fatal, does not necessarily amount to gross negligence)
- Tatum v. Gigliotti, 80 Md. App. 559 (1989) (failure to diagnose and certain failures in care may be negligence but not necessarily gross negligence)