Bondy v. Alle

635 N.W.2d 244 (2001)

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Nature of the Case

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Facts

P was a pedestrian in a designated crosswalk when a vehicle traveling 30 to 40 miles per hour struck her. The vehicle was owned by respondent Jeffrey Allen (D) and driven by Carey Allen (D). P sustained multiple injuries, particularly to her left hip and pelvis. Gold Cross (D) was called to transport P to the emergency room. Paramedic Kenneth Schweim assessed P's physical condition and concluded she was alert and oriented to her surroundings. Schweim did not observe any distortion of P's limbs. He palpated her lower torso and P did not indicate that she experienced pain during the palpations. P was placed on a backboard and secured with safety straps. The backboard was then secured to a gurney with additional safety straps and placed in the ambulance. P's husband, John, traveled in the front of the ambulance. Schweim continued to assess and treat P by placing electrodes on her, monitoring her heart, administering oxygen, and attaching a pulse oximeter. Schweim needed to do a secondary assessment to determine the nature and extent of the injuries. He unfastened one or two safety straps around P's leg and torso to remove a coat placed on her at the accident scene. Two or three straps remained fastened. The movement of the ambulance caused P's left leg to slide off the backboard, allowing her foot to touch the floor below the gurney. P screamed. Schweim returned the leg to the backboard and gurney, refastened the lower straps he had previously removed, and continued the examination. Ps sued (1) the Allens; (2) the City of Rochester; and (3) Gold Cross (D). The Ps settled with the city. Gold Cross (D) moved for summary judgment on the negligence claim when P's leg to slide off the gurney. It was rejected. The district court rejected Ps' motion to hold Gold Cross (D) to the standard of care applicable to common carriers, ruling that Gold Cross (D) is subject to the standard of care applicable to professionals. The court rejected Ps' motion to hold Gold Cross (D) jointly and severally liable under the single-indivisible-injury rule. Ps settled with the Allens. Gold Cross (D) then moved to exclude all evidence relating to damage caused by Carey Allen. The court reconsidered sua sponte its earlier denial of Gold Cross's (D) motion for summary judgment and granted summary judgment. Ps appealed.