OCEOLA TOWNSHIP, Mich. — A court case that had been dismissed against an EMT accused of negligently driving an ambulance was recently reversed.
The appeal was filed on behalf of Karl Gerardi, 76, who failed to yield to the right of way and hit a Livingston County EMS ambulance driven by Sarah Walters, the Livingston Daily News reports.
The ambulance had full lights but no sirens on and was transporting a stroke patient to Saint Joseph Mercy Oakland Hospital in Pontiac.
The complaint states Walters was negligent for:
Failing to stay on the right side of the highway
Exceeding the speed limit without using her siren
Operating the ambulance in a manner that prevented her from stopping within the assured clear distance ahead
Failing to apply the brakes before the crash
Driving “carelessly and heedlessly” and “with willful and wanton disregard for the safety and rights of others”
A Livingston County circuit judge dismissed the suit, ruling that Walters was not negligent.
Gerardi suffered a traumatic head injury and was not able to testify before his death. His estate filed an appeal, and the appeals court reversed the decision saying “questions of fact exist regarding whether Walters piloted the ambulance with due regard for Gerardi’s safety.
Although Michigan law permits EMTs to go above the speed limit when using either flashing lights or a siren, the it does not excuse the failure to use a siren if due care requires it, the court said.