Higgins v. Rhode Island Hospital

35 A.3d 919, 2012 R.I. LEXIS 8, 2012 WL 135445
CourtSupreme Court of Rhode Island
DecidedJanuary 18, 2012
DocketNo. 2010-260-Appeal
StatusPublished
Cited by10 cases

This text of 35 A.3d 919 (Higgins v. Rhode Island Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Higgins v. Rhode Island Hospital, 35 A.3d 919, 2012 R.I. LEXIS 8, 2012 WL 135445 (R.I. 2012).

Opinion

OPINION

Justice FLAHERTY,

for the Court.

Does the “firefighter’s rule” bar recovery to a firefighter who was injured in the course of assisting a nurse to subdue an unruly patient? Under the facts presented in this dispute, we hold that it does.

This case came before the Supreme Court for oral argument at North Providence High School on November 29, 2011, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be decided summarily. After considering the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown, and we will proceed to decide the case at this time. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

Facts & Travel

On the night of August 12, 2006, plaintiff David Higgins brought a patient to Rhode Island Hospital during the course of his duties as an EMT/firefighter for the City of Providence. After he had safely delivered his patient, but while he was still at the hospital, a nurse asked Higgins to assist her with a disorderly patient who had been shouting and spitting at her and at others in the triage hallway. Although the patient was seated on a gurney and restrained with soft restraints at the wrists, he had free movement of his torso. Higgins and two security guards1 struggled to hold down the patient so that the nurse could administer medication to calm him.

Unfortunately, the medication was not effective in settling the patient, so the nurse asked Higgins to help her place a “spit mask”2 on him. A mask was placed on the patient, but it did not stop him from spitting. As a result, and at the nurse’s request, Higgins attempted to put another mask on the patient. In an attempt to avoid the second mask, the patient violently moved his head and torso about, and in that process he violently struck Higgins on the jaw with the back of his head, knocking an unconscious Higgins to the floor.

As a result of this incident, Higgins was seriously and permanently injured to the extent that he could no longer perform his duties as an EMT/firefighter. Higgins received injured-on-duty benefits3 as well as [922]*922certain other disability benefits in connection with his employment. He later retired on a pension for accidental disability from the City of Providence.

Eventually, Higgins brought suit against both Rhode Island Hospital and U.S. Securities Associates, Inc., alleging that they were negligent when they failed to restrain the patient and that that failure had caused his injuries. Higgins also alleged that Rhode Island Hospital failed to exercise due care because it failed to provide properly trained security personnel to ensure a safe environment. The defendants moved for summary judgment, arguing that Higgins’ claim was barred by the firefighter’s rule. A justice of the Superi- or Court agreed, and summary judgment was granted. Higgins timely appealed to this Court.

Standard of Review

“This Court reviews de novo a trial justice’s decision granting summary judgment.” Lynch v. Spirit Renh-A-Car, Inc., 965 A.2d 417, 424 (R.I.2009) (citing Cullen v. Lincoln Town Council, 960 A.2d 246, 248 (R.I.2008)). “This Court will affirm summary judgment if, when viewing the evidence in the light most favorable to the nonmoving party, ‘there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.’ ” Trust of McManus v. McManus, 18 A.3d 550, 552 (R.I.2011) (quoting Lynch, 965 A.2d at 424). “The party opposing summary judgment bears the burden of proving, by competent evidence, the existence of facts in dispute.” Id. However, the precise issue before this Court is one of law, and questions of law are reviewed on a de novo basis. Heflin v. Koszela, 774 A.2d 25, 31 (R.I.2001).

Analysis

The firefighter’s rule, also known as the public-safety officer’s rule,4 “bar[s] [923]*923an injured public-safety official from maintaining a negligence action against a tort-feasor whose alleged malfeasance is responsible for bringing the officer to the scene of a fire, crime, or other emergency where the officer is injured.” Labrie v. Pace Membership Warehouse, Inc., 678 A.2d 867, 868 (R.I.1996).

To be shielded from liability under the firefighter’s rule, an alleged tortfeasor must establish:

“(1) that the tortfeasor injured the police officer or firefighter in the course of his or her employment, (2) that the risk the tortfeasor created was the type of risk that one could reasonably anticipate would arise in the dangerous situation which their employment requires them to encounter, and (8) that the tortfeasor is the individual who created the dangerous situation which brought the police officer or firefighter to the crime scene, accident scene, or fire.” Rinn v. Razee, 912 A.2d 939, 940 (R.I.2006) (mem.) (quoting Aetna Casualty & Surety Co. v. Vierra, 619 A.2d 486, 439 (R.I.1993)).

Before this Court, Higgins argues that the firefighter’s rule should bar claims only in those limited situations when an emergency requires the firefighter to go to the scene, and that for the rule to apply, injury must arise out of the same circumstances that originally brought the firefighter to the scene. He points out that the emergency that caused him to go to the hospital in the first place had been resolved and that his efforts to assist the nurse in subduing the unruly patient were not a requirement of his job. However, this argument necessarily presumes that the incident involving the nurse and the disorderly patient did not qualify as an emergency, and further that the “scene” was identical to that of the emergency which originally brought Higgins to the hospital. We disagree with both presumptions.

Although the firefighter’s rule is limited to emergencies that cause the hurried intervention of a firefighter, the rule “was never intended to impose a literal requirement for the alleged tortfeasor to have called the [firefighter] to the scene in order for the rule to apply.” Krajewski v. Bourque, 782 A.2d 650, 652 (R.I.2001) (quoting Martellucci v. FDIC, 748 A.2d 829, 832 (R.I.2000)). What is required is that there be “some nexus or connection” between the alleged tortfeasor and the emergency that brought the firefighter to the place where he or she was injured. Rinn, 912 A.2d at 940 (quoting Krajewski, 782 A.2d at 652).

The Rule as Applied to this Case

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Justin LUND v. MILFORD HOSPITAL, INC.
168 A.3d 479 (Supreme Court of Connecticut, 2017)
Lisa Garant v. Michael E. Winchester
150 A.3d 606 (Supreme Court of Rhode Island, 2016)
Joseph Hall v. City of Newport
138 A.3d 814 (Supreme Court of Rhode Island, 2016)
Kris Ellinwood v. Scott B. Cohen
87 A.3d 1054 (Supreme Court of Rhode Island, 2014)
Norman Laurence v. Rhode Island Department of Corrections
59 A.3d 1182 (Supreme Court of Rhode Island, 2013)
Sullivan v. Reilly
55 A.3d 207 (Supreme Court of Rhode Island, 2012)
Jessup & Conroy, P.C. v. Seguin
46 A.3d 835 (Supreme Court of Rhode Island, 2012)
New London County Mutual Insurance v. Fontaine
45 A.3d 551 (Supreme Court of Rhode Island, 2012)
Warwick Sewer Authority v. Carlone
45 A.3d 493 (Supreme Court of Rhode Island, 2012)
Habershaw v. Michaels Stores, Inc.
42 A.3d 1273 (Supreme Court of Rhode Island, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
35 A.3d 919, 2012 R.I. LEXIS 8, 2012 WL 135445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-rhode-island-hospital-ri-2012.