Government
Aug. 2, 2002
Dispatchers' Duty of Care Gets Review
SAN FRANCISCO - The California Supreme Court agreed Wednesday to decide whether 911 dispatchers can be held liable for negligence when emergency victims are not treated fast enough.
Six justices voted to review the case of a young girl who alleged that a dispatcher failed to ensure prompt medical attention after a bathtub electrocution.
A May appellate ruling dismissing her complaint conflicts with an earlier holding by another court that found 911 dispatchers owe a duty of care to those who seek emergency services.
In the case accepted for review, Eastburn v. Regional Fire Protection Authority, S107792, 3-year-old Felicia Eastburn of Barstow suffered an electric shock while bathing. Her suit alleges that San Bernardino County's emergency response was too slow and that she suffered permanent brain damage from oxygen deprivation as a result.
A trial judge held that no cause of action could be stated. The 4th District Court of Appeal affirmed, concluding that the dispatcher never created a "special relationship" with the plaintiff because her father was put on hold and was never promised that an ambulance would be dispatched immediately.
In the conflicting case, Ma v. City and County of San Francisco, 95 Cal.App.4th 488 (2002), the 1st District Court of Appeal ruled that under traditional duty analysis, dispatchers do owe a duty of care to emergency callers. The Ma court also decided that qualified immunity provided by Health and Safety Code Section 1799.107 does not apply to 911 dispatching because 911 dispatching does not come within the statutory definition of "emergency services."
Ma was appealed to the Supreme Court, but the justices declined to take it up for review.
Justice Janice Rogers Brown was absent from Wednesday's closed-door case conference and did not vote on Eastburn.
Peter Blumberg
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