Kari v. City of Maplewood

582 N.W.2d 921, 1998 Minn. LEXIS 549, 1998 WL 541824
CourtSupreme Court of Minnesota
DecidedAugust 27, 1998
DocketC8-97-823
StatusPublished
Cited by32 cases

This text of 582 N.W.2d 921 (Kari v. City of Maplewood) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kari v. City of Maplewood, 582 N.W.2d 921, 1998 Minn. LEXIS 549, 1998 WL 541824 (Mich. 1998).

Opinions

OPINION

STRINGER, Justice.

We consider once again whether the complex concept of official immunity applies to the conduct of a government official — here in the context of a public employee driving an emergency vehicle in response to an emergency call. Paul Everson, a paramedic employed by respondent City of Maplewood, was driving an emergency vehicle to the scene of a medical emergency when his vehicle struck appellant Lillian Helena Kari as she crossed the street in a marked crosswalk. In Kari’s suit for personal injuries, the district court granted Everson’s and the city’s motion for summary judgment, concluding that because Everson was operating the emergency vehicle within the scope of his employment, he was engaged in discretionary conduct entitling him to official immunity. The court of appeals affirmed. We agree that Everson’s conduct falls within the broad category of immunity granted to officials responding to emergencies and therefore we affirm the court of appeals.

Everson worked for the City of Maplewood as a community service officer and paramedic. On November 22, 1994, while near the intersection of White Bear Avenue and Lydia [923]*923Avenue in Maplewood, he received a medical emergency call regarding an unconscious person. He testified that he immediately turned on his emergency siren and flashers. Everson headed north on White Bear Avenue and then turned right at Lydia Avenue, heading east. Witnesses testified that his siren was activated at that time, and one of those witnesses testified that the emergency flashers were activated.

When Everson noticed Kari as she crossed Lydia Avenue in a marked crosswalk heading south, she was in the westbound lane closest to the center yellow line. He switched lanes from the lane closest-to the median into the lane closest to the curb. As Kari was standing in the center of Lydia Avenue, Everson changed his siren from a wail to a yelp and took his foot off the accelerator. He testified that as he slowed down, Kari looked at him and then ran in front of the emergency vehicle. Everson hit the brakes and his vehicle’s front bumper struck Kari. Accident reconstructionists estimated that he was going approximately 40 miles an hour when he applied the brakes. Kari received serious injuries and has no memory of the accident. Everson testified that at the time of the accident he was not thinking about whether he had the right of way to proceed through the crosswalk. .

Kari filed suit against Everson and the city, alleging that Everson had negligently operated the emergency vehicle. Everson and the city moved for summary judgment, arguing that Everson’s operation of- the emergency vehicle in response to the medical emergency was discretionary conduct protected by official immunity and that the city was consequently entitled to vicarious official immunity. The district court concluded that Everson’s operation of his emergency vehicle was discretionary conduct entitling him to official immunity based on the Minnesota Court of Appeals decision in Nisbet v. Hennepin County, where the court held that a county ambulance driver operating his vehicle under emergency circumstances is entitled to official immunity. See 548 N.W.2d 314 (Minn.App„.1996). Thus the district court granted summary judgment to Everson and the city. The court of appeals affirmed, also concluding that its decision in Nisbet controlled the outcome of the case and that Kari had failed to show that Everson had violated a traffic regulation statute, a willful or malicious action that would preclude application of official immunity.

On appeal to this court Kari contends that Everson violated a traffic regulation statute requiring all vehicles, including emergency vehicles, to yield the right-of-way to a pedestrian in a crosswalk and therefore Ev-erson is not entitled to official immunity. The application of immunity is a question of law subject to de novo review. Johnson v. State, 553 N.W.2d 40, 45 (Minn.1996).

The common law doctrine of official immunity protects government officials from suit for discretionary actions taken in the course of their official duties. Janklow v. Minnesota Bd. of Examiners for Nursing Home Adm’rs, 552 N.W.2d 711, 716 (Minn.1996.) Official immunity applies when the official’s conduct involves the exercise of judgment or discretion, but malicious conduct is not immunized. Elwood v. Rice County, 423 N.W.2d 671, 677 (Minn.1988). In the absence of malice, the critical issue in a claim of official immunity is whether the public official’s conduct is discretionary or ministerial. Id. A discretionary act requires the exercise of individual judgment in carrying out the official’s duties. See Janklow, 552 N.W.2d at 716. In contrast, a ministerial act is “absolute, certain and imperative, involving merely execution of a specific duty arising from fixed and designated facts.” Cook v. Trovatten, 200 Minn. 221, 224, 274 N.W. 165, 167 (1937) (citation omitted).

We have recognized that an official who is responding to an emergency must weigh myriad factors in making virtually instantaneous decisions about how to respond. See, e.g., Pletan v. Gaines, 494 N.W.2d 38, 41 (Minn.1992); Watson ex rel. Hanson v. Metropolitan Transit Comm’n, 553 N.W.2d 406, 415 (Minn.1996). In Pletan v. Gaines, where a police officer’s decision to engage in a high speed chase to pursue a fleeing criminal was challenged, we stated that when an official must make instantaneous decisions often on the basis of incomplete information, “[i]t is difficult to think of a situation where the exercise of significant, independent judgment and discretion would be more required.” 494 [924]*924N.W.2d at 41. Police officers’ conduct in these emergency circumstances is immune because “the community cannot expect its police officers to do their duty and then to second-guess them when they attempt conscientiously to do it.” Id.

We hold that the considerations leading to the immunity of police officers in emergency circumstances also apply to paramedics driving emergency medical vehicles. The dark shadow of liability for conduct in responding to an emergency would conflict with the policy we firmly established in Ple-tan that absent malice, drivers of vehicles engaged in emergency missions of public safety should not be subject to second-guessing in the operation of their vehicles.

Kari acknowledged that Everson was exercising discretion in responding to the emergency. Thus we consider whether Everson’s discretionary conduct falls within the malice exception to official immunity. In the immunity context malice means “the intentional doing of a wrongful act without legal justification or excuse, or, otherwise stated, the willful violation of a known right.” Rico v. State, 472 N.W.2d 100, 107 (quoting Carnes v. St. Paul Union Stockyards Co., 164 Minn. 457, 462, 205 N.W. 630, 631 (1925)).

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Bluebook (online)
582 N.W.2d 921, 1998 Minn. LEXIS 549, 1998 WL 541824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kari-v-city-of-maplewood-minn-1998.