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Nos. 127334 127335
Richard Costa and Cindy Costa, |
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Mark R. Granzotto |
Plaintiffs-Appellants/Cross-Appellees, |
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Barbara A. Patek |
vs (Wayne - Gillis, J.) |
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| Community Emergency Medical |
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Steven B. Galbraith |
Services, Inc., Dave Henshaw, Scott |
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| Meister, Donald Farenger, and Lisa |
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Janet Callahan Barnes |
M. Schultz, |
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Edward D. Plato |
Defendants-Appellees. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellants and Cross-Appellees' Application for Leave to Appeal>>
Defendants-Appellees Lisa Schultz and Donald Farenger's Opposition to Leave to Appeal>>
Defendants-Appellees Lisa Schultz and Donald Farenger's Supplemental Brief>>
Defendant-Appellees and Cross-Appellants Community Emergency Services, Inc., Dave Henshaw, and Scott Meister's
Application for Leave to Appeal and Brief in Opposition to Plaintiff-Appellant's Application for Leave >>
Attorney General's Amicus Curiae Brief>>
Background
Richard Costa, a Colorado resident visiting Michigan for a business meeting, was punched in the face by a co-worker and knocked unconscious. Donald Farenger and Lisa Schultz arrived on behalf of the City of Taylor Fire Department emergency medical service. Dave Henshaw and Scott Meister arrived on behalf of Community Emergency Medical Services, Inc. (CEMS). These medical personnel helped return Costa to consciousness. Costa was able to recall his name, location, and why he was in Michigan , although he could not recall the altercation with his co-worker and had difficulty walking unassisted. Costa refused medical treatment and returned to his hotel room with his co-worker's assistance. But his situation deteriorated and he underwent an emergency craniotomy the next day. Costa and his wife sued CEMS, Henshaw, Meister, Farenger and Schultz for medical malpractice, alleging that the defendants did not do enough at the scene of the assault. The defendants asked the trial court to dismiss the case on the basis of governmental immunity or the Emergency Medical Services Act (EMSA), both of which require a showing of "gross negligence" for the imposition of liability. The trial court denied the motions, but the Court of Appeals reversed. The appeals court ruled that Costa's allegations sounded in ordinary negligence, not gross negligence, and that no reasonable juror could have found that the defendants behaved so recklessly as to demonstrate a substantial lack of concern for whether an injury results. The appeals court also ruled that no reasonable juror could have found that the actions of the city employees, Farenger and Schultz, were the proximate cause of Costa's injuries, because the injuries were so clearly caused by the assault from the co-worker. In addition, the appeals court rejected Costa's contention that Farenger and Schultz should have been held in default for failure to timely comply with the statutory requirement to file a medical malpractice affidavit of meritorious defense pursuant to MCL 600.2912e. The plaintiffs appeal, as do CEMS, Henshaw and Meister.
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