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Beursken v. Gwinnett County

The trial court did not err in granting summary judgment to the defendant county and its ambulance crew in a wrongful death action because they were entitled to immunity under O.C.G.A. § 31-11-8.

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Viki Beursken died of a heart attack suffered soon after she refused transport to a hospital by a Gwinnett County ambulance crew. On appeal from the trial court’s grant of summary judgment in this wrongful death action to defendants Gwinnett County and the crew members, Beursken’s survivors and heirs argue that the county and its employees are not entitled to immunity under either OCGA § 31-11-8, which exempts persons rendering emergency care from liability concerning it, or the doctrine of sovereign immunity. We disagree and affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

So viewed, the record shows that on the evening of April 5, 2008, Jeff Beursken called 911 and told the operator that he thought his wife was having a heart attack. Beursken said that his wife, who suffered from high blood pressure, was having difficulty breathing, that she was “clammy,” had a “heavy chest,” and had taken aspirin 20 minutes before. A Gwinnett County Fire and Emergency Services ambulance crew consisting of paramedics Jeremy Austin and Bobby Jones, and assisted by Keri McNaughton, arrived at the Beursken house 11 minutes after receiving the call.

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