Crewey v. American Medical Response of Ga. Inc.

The trial court erred in granting summary judgment to the defendant based on immunity under O.C.G.A. § 31-11-8 did not apply, since that section covers emergency care and defendant did not provide emergency care.

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David A. Crewey appeals from the trial court’s order granting summary judgment to American Medical Response of Georgia, Inc. “AMR”, an ambulance company, in his lawsuit alleging that AMR was negligent in its attempts to timely provide ambulance transport to Crewey following a heart attack. The trial court’s order was based upon its conclusion that AMR was afforded immunity under OCGA § 31-11-8, which shields emergency care providers from civil damages under certain circumstances. Because we conclude that the acts alleged to have been negligently performed by AMR fall outside of the purview of OCGA § 31-11-8, we reverse. On appeal from the grant of summary judgment, we view the record in the light most favorable to the nonmoving party, construing all evidence and inferences to be drawn therefrom in the light most favorable to the nonmoving party. See Pruette v. Phoebe Putney Mem. Hosp. , 295 Ga. App. 335 671 SE2d 844 2008. We review issues of law de novo. See Dept. of Human Resources v. Nation , 265 Ga. App. 434, 436 594 SE2d 383 2004.

So viewed, the evidence shows that on May 14, 2004, Crewey called 911 after experiencing chest pains and other symptoms consistent with a heart attack. Emergency medical personnel arrived on the scene and transported Crewey to Emory Dunwoody Medical Center “Dunwoody”, where it was confirmed that Crewey was in fact suffering an acute myocardial infarction. The emergency cardiologist at Dunwoody performed some initial treatment on Crewey, but soon determined that Dunwoody did not have adequate resources to properly treat him. The cardiologist therefore ordered that Crewey be transported to the cardiac catheterization laboratory Emory Heart and Vascular Center “Emory”, where Crewey would be catheterized and undergo emergent angioplasty.

Crewey v. American Medical Response of Ga. Inc.

The trial court erred in granting summary judgment to the defendant based on immunity under O.C.G.A. § 31-11-8 did not apply, since that section covers emergency care and defendant did not provide emergency care.

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