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ATTORNEYS FOR APPELLANT Landyn K. Harmon Patrick W. Harrison Richard S. Eynon Columbus, Indiana

ATTORNEYS FOR APPELLEE Thomas J. Belcher Shannon L. Robinson Bloomington, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 03S01-0605-CV-175 ANNETTE DONICA GILES, Appellant (Plaintiff below), v. BROWN COUNTY, INDIANA, BY AND THROUGH ITS BOARD OF COMMISSIONERS,

Appellees (Defendants below). _________________________________ Appeal from the Bartholomew Circuit Court, No. 03C01-0210-CT-1306 The Honorable Stephen R. Heimann, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 03A01-0502-CV-00087 _________________________________ June 25, 2007 Sullivan, Justice.

Joey Giles, a Brown County resident, called 911 to request an ambulance when he experienced chest pains and shortness of breath at his home. The enhanced emergency communication system ("E-911") forwarded his request to Columbus Regional Hospital's ambulance service. No ambulance reserved for Brown County use was available at Columbus Regional Hospital, so Columbus Regional Hospital instead contacted Bloomington Hospital and asked it to dis-

patch an ambulance. In the meantime, Joey contacted his wife, Annette Donica Giles ("Giles"). Giles returned home to find Joey attended by two volunteer firemen. The ambulance from Bloomington Hospital arrived 45 minutes later. Joey died shortly thereafter.

As Joey's surviving spouse and the representative of his estate, Giles sued Brown County, by and through its Board of Commissioners, Columbus Regional Hospital, and Joey's former health care providers. Giles alleged that Brown County and Columbus Regional Hospital had negligently failed to provide requested medical services, thereby causing Joey's death. Brown County sought summary judgment solely on the basis that it was immune under the Indiana Tort Claims Act ("ITCA"), because Joey's death resulted from the "operation" or "use" of an enhanced emergency communications system. 1 Ind. Code

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