This is an action for negligence and wrongful death brought by Raymond Ellington, individually and in his capacity as the administrator of the estate of his wife against Polk County and its County Commissioners collectively “the County Defendants”; Curtis Vincent, individually and in his official capacity as Director of Polk County Emergency Medical Services “EMS”; and Shannon Prater, individually and in his capacity as an employee of Polk County EMS.1 The County Defendants, Vincent, and Prater appeal from the denial of their motion for summary judgment, arguing that the trial court erred in holding: 1 that the allegedly negligent conduct at issue “arose out of” the use of an insured motor vehicle an ambulance and that the sovereign immunity otherwise available to the County Defendants and to Vincent and Prater, in their official capacities, had therefore been waived under OCGA § 33-24-51; 2 that Vincent and Prater were not entitled to individual, official immunity, because their allegedly negligent conduct involved the performance of ministerial, as opposed to discretionary, duties; and 3 that a question of fact existed as to whether the County received remuneration for providing ambulance service and, therefore, whether any of the appellants were entitled to immunity under OCGA § 31-11-8. Holding that the County Defendants, Vincent, and Prater were all shielded from liability by sovereign and official immunity, we reverse. “We review a trial court’s grant of summary judgment de novo. To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.” Porter v. Guill .2
So viewed, the record shows that shortly after midnight on November 13, 2005, Ellington called Polk County 911 to report that his 51-year-old wife was experiencing chest pain that was radiating into her arm and ear. Polk County emergency personnel responded to the Ellington residence, where paramedic Prater performed an assessment of Mrs. Ellington. Prater’s examination of Mrs. Ellington included taking her vital signs and her pulse oxygen level and listening to her breathing through a stethoscope. He also asked her to describe her pain, asked whether the pain responded to anything such as medication, and asked about her medical history. Mrs. Ellington described her pain as “burning,” and stated that it had woken her up, but that it had appeared to improve. She also explained that earlier in the week, she had experienced similar pain and an episode of dizziness and weakness, but that those symptoms had improved with rest. Mrs. Ellington further reported that she had a family history of heart disease, with both her father and her sister having suffered heart attacks. According to Prater, Mrs. Ellington, was alert, oriented, did not appear to be in distress, and had normal vital signs.
