Preview:

STATE OF MICHIGAN
COURT OF APPEALS


DEBBIE A. WHITMAN, Personal Representative for the Estate of MATTHEW WHITMAN, Deceased, Plaintiff-Appellee, v BOYNE CITY, Defendant-Appellant, and DENNIS JACOB LEHTO, Defendant.

UNPUBLISHED December 18, 2008

No. 280212 Otsego Circuit Court LC No. 06-011627-NO

Before: Saad, C.J., and Fitzgerald and Beckering, JJ. PER CURIAM. Defendant Boyne City appeals as of right the August 7, 2007, trial court order denying in part the city's motion for summary disposition under MCR 2.116(C)(7). We reverse and remand. On the night of January 23, 2004, defendant Dennis Lehto, a Boyne City basic emergency medical technician (EMT), received a call from the 911 central dispatch center regarding a possible drug and alcohol overdose / attempted suicide at the home of Ira and Ruth Holburn. Basic EMTs Katherine Handy and Melissa Meteer and EMT specialist Tammy Smith accompanied Lehto to the Holburn residence. Ira testified that unbeknownst to him, Ruth had either overdosed or taken extra pain pills for which she did not have a current prescription. When asked by the EMT personnel if she had attempted suicide, Ruth said "yes." Ruth did not want to go to the hospital, however, and in Ira's opinion, "she didn't look that bad." The EMTs insisted on taking Ruth to the hospital. Handy testified that Ruth was oriented to person, place, and time, but that Smith actually evaluated Ruth's medical condition. Smith called the hospital to report Ruth's condition and was told to make an "intercept," meaning that they needed to pick up an EMT paramedic to treat the patient en route to the hospital. Smith advised Lehto of the need to make an intercept and told him that Ruth was a "priority two" patient. Lehto explained -1-


that there are three levels of EMTs

Download DEBBIE A WHITMAN V DENNIS JACOB LEHTO.pdf

Michigan Law