Murray v. Transcare Maryland, Inc.

37 A.3d 987, 203 Md. App. 172, 2012 Md. App. LEXIS 14
CourtCourt of Special Appeals of Maryland
DecidedFebruary 9, 2012
DocketNo. 1791
StatusPublished
Cited by6 cases

This text of 37 A.3d 987 (Murray v. Transcare Maryland, Inc.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. Transcare Maryland, Inc., 37 A.3d 987, 203 Md. App. 172, 2012 Md. App. LEXIS 14 (Md. Ct. App. 2012).

Opinion

WATTS, J.

This appeal arises from the grant of a motion to transfer by the Circuit Court for Baltimore City and of summary judgment by the Circuit Court for Talbot County in favor of [177]*177appellees, TransCare Maryland, Inc. and TransCare, Inc.,1 against appellants, Karen Murray and Bryson Murray.2 Karen filed a negligence/medical malpractice action in the Circuit Court for Baltimore City on behalf of her minor child, Bryson, for injuries sustained by Bryson during a medical aircraft transfer, and on her own behalf, a claim for loss of parental relationship and extraordinary costs and expenses. The Circuit Court for Baltimore City granted appellees’ motion to transfer to the Circuit Court for Talbot County on the grounds of forum non conveniens, where summary judgment was granted in favor of appellees. Appellants raise three issues on appeal, which we quote as follows:

I. Did the trial court abuse its discretion in transferring this action under the doctrine of Forum Non Conve-niens from Baltimore City to Talbot County, when the trial court (1) failed to properly regard the appellants’ choice of forum, and (2) the convenience of the parties and witnesses and the interests of justice did not weigh strongly in favor of the appellees! ]?
II. Did the trial court err when it granted summary judgment for appelleesL ] when (1) there is a genuine dispute of material fact regarding whether the assistance or medical care provided by the appellees’ employee, Chris Barbour, was provided without fee or compensation, (2) CJP § 5-603 (Good Samaritan [Act]) does not apply to a private, for-profit ambulance transportation company[3] and (3) the trial court’s decision was legally incorrect?
[178]*178III. Did the trial court err when it granted summary judgment for appellees[] and determined that the appellees[ ] were a fire or rescue company within the meaning of CJP § 5-604?

We answer the first question in the negative and the second and third questions in the affirmative. As such, we affirm the Circuit Court for Baltimore City’s grant of the motion to transfer and reverse the Circuit Court for Talbot County’s grant of summary judgment and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On November 15, 2007, at approximately 6:15 p.m., Karen brought Bryson to the Memorial Hospital at Easton (“Easton Memorial”) Emergency Department in Talbot County with complaints of congestion and trouble breathing. An evaluation in the Emergency Department revealed that Bryson had tachycardia, bilateral rhonehi, and diffuse wheezing. Due to the degree of Bryson’s respiratory distress, and as a precaution, at 7:35 p.m. Easton Memorial medical personnel electively intubated Bryson. After the intubation, a decision was made to transfer Bryson to University of Maryland Medical System’s (“UMMS”) Pediatric Intensive Care Unit via helicopter, as Easton Memorial was unable to manage intubated children. UMMS contacted PHI Air Medical in order to effectuate the transfer. PHI Air Medical dispatched a helicopter and a pediatric transport team to Easton Memorial, consisting of several individuals, including a UMMS pediatric nurse and appellees’ employee, Chris Barbour. Barbour was employed by appellees as a paramedic. In appellee’s memorandum in support of the motion for summary judgment, they stated that: “Barbour was a paramedic licensed by the State of Maryland to provide medical care at the time of the incident—although he was still in paramedic orientation.”4

[179]*179On November 16, 2007, at approximately 1:25 a.m., Bryson was placed on the helicopter for transport. Appellants allege that during transport, Bryson’s airway became blocked by his endotracheal tube and he failed to receive sufficient oxygen. The transport team searched for a pediatric mask to deliver oxygen to Bryson, but were unable to locate the mask. As a result, the pilot landed at Bay Bridge Airport and located the mask for the transport team. Appellants contend that the oxygen mask was located too late and a lack of oxygen caused Bryson to suffer permanent brain damage.

In the memorandum in support of the Motion for Summary Judgment, appellees describe themselves as a “ground ambulance company.” On November 9, 2009, Barbour testified in a deposition that appellee, TransCare Maryland, Inc. is “[a] private ambulance company.” At the time of Bryson’s transfer, appellee, TransCare Maryland, Inc., held licenses to operate as an Advanced Life Support Commercial Ambulance Service, Basic Life Support Commercial Ambulance Service, and Neonatal Life Support Commercial Ambulance Service.5 It is undisputed that appellees did not own or operate the helicopter that transferred Bryson and, with the exception of Barbour, did not employ any of the personnel who took part in Bryson’s medical aircraft transfer.

Appellees contract with UMMS to provide ground ambulance transport services. PHI Air Medical, a separate company, provides UMMS with air medical transport services. According to Theresa Drayer, the manager of Maryland Ex-pressCare, a part of UMMS, the contract between UMMS and each transportation provider is different. For ground ambulance transport services, UMMS has a contract with appellees under which UMMS pays appellees a monthly fee to provide ground equipment and personnel. For air medical transport services, UMMS has a contract with PHI Air Medical whereby PHI Air Medical provides air equipment and [180]*180personnel at its own expense and without any fee or other payment from UMMS.

On February 6, 2009, appellants filed a two-count complaint in the Circuit Court for Baltimore City alleging: (1) negligence/medical malpractice and (2) loss of parental relationship and extraordinary costs and expenses against appellees. In the negligence/medical malpractice count, appellants sued ap-pellees individually “and/or through [their] actual and/or apparent agents, representatives, and/or employee, Mr. Barb[our.]” Appellants alleged that appellees, individually and/or through Barbour, were negligent because, during Bry-son’s transfer, Barbour failed to follow the requisite standard of care for paramedics. In the Complaint, appellants allege that Barbour failed to provide adequate care to Bryson by failing “to remove the misplaced endotracheal tube and initiate masked ventilation or mouth-to-mouth breathing or intubation as appropriate,” and by failing to promptly locate the oxygen mask. Appellants did not bring action against Barbour individually.

On March 27, 2009, appellees filed a Motion to Transfer to the Circuit Court for Talbot County on the grounds of forum non conveniens. On April 8, 2009, appellants filed an Opposition to the Motion to Transfer. On April 15, 2009, appellees filed a Reply. On May 29, 2009, the Circuit Court for Baltimore City conducted a hearing on the Motion to Transfer. During the hearing, as to appellants’ choice of forum, the circuit court stated:

What’s the connection to Baltimore City? I mean I understand that I am suppose[d] to give some deference to [appellants’] choice of forum. But if [appellants] themselves or herself or whoever it is, resides in Talbot County, that kind of goes to the lower end of my analysis with regard to giving him that deference.

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Cite This Page — Counsel Stack

Bluebook (online)
37 A.3d 987, 203 Md. App. 172, 2012 Md. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-transcare-maryland-inc-mdctspecapp-2012.