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Bixler v. Merritt

The emergency medical technicians who provided emergency services without remuneration were entitled to immunity under O.C.G.A. § 31-11-8, for their negligence, if any, in failing to take the plaintiff to the hospital after responding to her 911 call.

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Janet Bixler sued Lisle Merritt and David Glover, individually and as employees of DeKalb County, alleging she suffered damages because the two emergency medical technicians failed to take her to the hospital after responding to her 911 call. Bixler alleged that the defendants failed to perform ministerial duties, acted in bad faith, and acted outside the scope of their authority. The trial court granted the defendants’ motion for summary judgment, and Bixler appeals. Pretermitting the official immunity issues, we affirm because Merritt and Glover are entitled to immunity under OCGA § 31-11-8.

Under OCGA § 9-11-56 c, the trial court should grant summary judgment when no issue of material fact remains to be decided and the movant is entitled to judgment as a matter of law. We review de novo a grant of summary judgment, viewing the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant. Rice v. Huff, 221 Ga. App. 592, 592-593 472 SE2d 140 1996.

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