Wyers v. American Medical Response Northwest, Inc.

342 P.3d 129, 268 Or. App. 232
CourtCourt of Appeals of Oregon
DecidedDecember 31, 2014
Docket091014750; A149258; 091116570; A149259; 091116571; A149260; 091116572; A149261; 091216650; A149262; 100202934; A149263
StatusPublished
Cited by4 cases

This text of 342 P.3d 129 (Wyers v. American Medical Response Northwest, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyers v. American Medical Response Northwest, Inc., 342 P.3d 129, 268 Or. App. 232 (Or. Ct. App. 2014).

Opinion

NAKAMOTO, J.

At various points in 2009 and 2010, six women1 filed actions for damages against defendant American Medical Response Northwest, Inc. Each woman alleged that defendant had permitted Lannie Haszard, a paramedic in its employ, to sexually abuse her while she was vulnerable. At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100,2 after the court granted defendant’s summary judgment motion.3 Plaintiffs argue that the trial court erroneously concluded that there were no genuine issues of material fact for trial based on an incorrect understanding of ORS 124.100(2) and (5). For the reasons that follow, we conclude that the trial court applied an erroneous interpretation of ORS 124.100(2) and (5). We also conclude that all plaintiffs adduced sufficient evidence for a trial on their claims. We thus reverse and remand.

We state the facts in the summary judgment record in the light most favorable to plaintiffs, the nonmoving parties. ORCP 47 C; Miller v. Tabor West Investment Co., 223 Or App 700, 702, 196 P3d 1049 (2008), rev den, 346 Or 184 (2009).

[236]*236Haszard was a certified emergency medical technician and paramedic. Defendant, which provides ambulance services, employed Haszard to attend to persons being transported by ambulance. Haszard was authorized and required to touch ambulance patients to monitor and care for them as they were being transported. However, Haszard used his position to engage in acts of sexual abuse of various female patients, including plaintiffs, while they were being transported to the hospital. Haszard engaged in inappropriate touching of each plaintiff during her ambulance transport, when plaintiffs were either (1) ill or injured, with an impaired ability to evaluate information, communicate decisions, and protect their physical safety (Shaftel, Terpening, and Webb), or (2) elderly (Akre, Asbury, and Corning).

No plaintiff contemporaneously reported to defendant the sexual abuse she had experienced. Defendant did not learn of plaintiffs’ allegations concerning their sexual abuse by Haszard until each plaintiff filed her action against defendant. However, before the abusive conduct in this case occurred, defendant had received reports of sexual misconduct by Haszard from two women — Spain and Whalen. In February 2006, Spain regained consciousness in the back of defendant’s ambulance to find Haszard rubbing her hand against his crotch. She screamed, the driver asked Haszard what was happening, and Haszard replied that Spain was just delirious. Spain reported the incident to defendant, although she did not know Haszard’s name at the time. Her sister witnessed Spain make the report by phone. According to deposition testimony from Newton, defendant’s head of quality assurance, any and all complaints of sexual misconduct are entered into a database, and forwarded to defendant’s regional operations manager and general manager. Lauer, the general manager for defendant in Oregon, testified that, generally, all efforts are made to identify complainants and contact them for more information.

A month after Spain’s report to defendant, Haszard transported Whalen by ambulance to a hospital. At the hospital, Haszard was leering at Whalen, panting, while she was disrobing to change into a hospital gown. Whalen stated that Haszard was obviously sexually aroused. On a written form, Whalen described the experience with Haszard [237]*237as “highly degrading and uncomfortable” and stated that she had felt unsafe. Whalen subsequently reported the incident to Priest, a manager for defendant. Priest told Whalen that she must have been imagining things, and he filed an incident report stating that Whalen indicated that her care was “excellent” but that “she felt that there was not enough consideration for her privacy.” Priest also stated that he had “had a good talk with [Haszard] and the message was well received.”4

Around the time of the incidents of abuse involved in this case, another pair of women — Rotting and Pries— also told defendant that Haszard had molested them during ambulance transports in December 2006 and March 2007, respectively.5 Rotting reported to Priest that during an ambulance ride on December 9, 2006, Haszard raised her gown above her waist and inappropriately touched her. Priest told Rotting that there would be an investigation. No such investigation occurred.

On December 18, 2006, a human resources manager for defendant, Fowler, sent out an email stating that Rotting’s son had called on Rotting’s behalf, that he said that “we should get the police involved,” and that he “seems more insistent.” Fowler wondered in her e-mail whether someone should call back. No one ever did. Neither did defendant notify the police that Rotting, who was 73 years old when the incident occurred, had complained that Haszard had abused her.

In March 2007, Haszard transported Pries, a knife-wound victim. Pries told the police officer who interviewed her regarding her injuries that Haszard had sexually abused her by taking her hand, placing it inside her pants, and manipulating it. That officer spoke with defendant’s [238]*238supervisor, Verkest. Verkest did not tell the officer that other women had previously reported that Haszard had sexually abused them. After the police relayed Pries’s complaint to defendant, a meeting was convened that was attended by, among others, Verkest and one of defendant’s risk management employees. Defendant informed Haszard in writing that the Rotting and Pries “complaints [were] closed because you have told us that these events did not happen and we have no further evidence or witness statements that they did.” Defendant never contacted Pries regarding her report.

Subsequently, another woman, Herring, reported to defendant on December 8, 2007, that Haszard had molested her while transporting her to a hospital. At the hospital, Herring began screaming for someone to help her and to remove Haszard from her room. A nurse called defendant, who sent Verkest to speak with Herring at the hospital. Herring reported that Haszard had taken her hand and shoved it down the front of her pants. Verkest told Herring that he was not going to call the police, but that she could. Verkest later called the police nonemergency number and reported that Herring wanted to make a complaint about one of defendant’s paramedics regarding an alleged assault. Verkest did not provide Haszard’s name to the police during that call or notify them about the other, similar allegations against Haszard. The police then independently discovered Pries’s complaint against Haszard and arrested Haszard on December 10, 2007. In 2008, Haszard pleaded guilty to multiple counts of attempted sexual abuse in the first degree for abusing Herring and Rotting, as well as two other women, Robbins and Hines, who came forward to the district attorney following Haszard’s arrest.

Plaintiffs, who are all represented by the same attorneys, filed their actions in 2009, except for Akre, who filed in 2010.

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

Related

State v. Bluel
397 P.3d 497 (Court of Appeals of Oregon, 2017)
State v. Wiborg
396 P.3d 258 (Court of Appeals of Oregon, 2017)
Wyers v. American Medical Response Northwest, Inc.
377 P.3d 570 (Oregon Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
342 P.3d 129, 268 Or. App. 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyers-v-american-medical-response-northwest-inc-orctapp-2014.