Dismissal of claims against EMTs.

We obtained dismissal of claims in a negligence action in which our client’s EMTs “dropped” the plaintiff while transporting him to a rehab facility from a hospital after bilateral knee replacement surgery. The plaintiff was placed on a stretcher in his hospital room, but when the EMTs began lifting it to height, the plaintiff leaned over, causing it to tip over. Although an issue of fact existed as to the manner of the accident, we argued the injuries claimed (ruptured cecum, gall bladder removal and incisional hernia repair) could not have been proximately caused by the minor trauma of the stretcher tipping over. We supported our position with an affidavit from a colorectal surgeon, which the plaintiff opposed with one from a general practitioner. The court found the plaintiff’s opposition failed to raise an issue of fact and dismissed all claims against our client.