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Appeals judges ask justices to consider emergency responder immunity (UPDATE)

By: Eric Heisig//October 2, 2013//

Appeals judges ask justices to consider emergency responder immunity (UPDATE)

By: Eric Heisig//October 2, 2013//

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The Wisconsin Court of Appeals is seeking state Supreme Court review of liability for cases involving an emergency responder who runs a red light on the way to a scene.

The appellate court’s certification, issued Wednesday, asks the justices to decide if and how police officers or firefighters are negligent when they don’t follow traffic signals during an emergency.

First responders are immune from liability if they violate traffic laws during emergencies, but the certification asks “does governmental immunity apply when someone is injured because an officer proceeds against a traffic signal … if the officer slowed the vehicle and activated lights and sirens … but nonetheless arguably violated the duty to operate the vehicle ‘with due regard under the circumstances.”

The question stems from a case in which Racine police officer Amy Matsen in July 2009 was involved in a vehicle crash while she was on her way to the scene of a different crash.

According to the certification, Matsen was speeding to the scene but slowed down when she got to an intersection with a red light. When Matsen went into the intersection, motorist Eileen Legue – who had a green light – failed to see Matsen’s patrol car lights or hear her sirens and horn, and struck Matsen’s car.

police_carBoth were injured, and Legue sued. Jurors later found both women negligent, though they awarded Legue nearly $130,000. However, Racine County Circuit Judge Charles Constantine took the verdict away and said Matsen was eligible was discretionary immunity, court documents show.

The appellate court now asks the justices to consider the issue, as Legue’s lawsuit and trial is just one of the latest in a series of these cases. According to the certification, Legue’s case most likely lends credence to arguing that the manner in which an emergency responder enters an intersection is not immune from governmental liability.

On the other hand, the certification notes, Racine and other municipalities most likely would argue that “the manner of entering the intersection is part and parcel of that decision” to run the red light in an emergency, “analogous to the way that immunity for speeding was inherent to immunity for engaging in a high-speed pursuit.”

In their certification, the appellate judges stated that “the ramifications of this decision are huge” and “will have broad statewide impact.”

Timothy Knurr, who represented Legue in the case when he worked at Schoone Leuck Kelley & Pitts SC, Racine, said there have been several cases that look at this issue. This one, however, clearly addresses the issue of driving safely while disobeying the rules of the road during an emergency.

“If we let [Masten] walk on this, then there is no such thing as liability for the emergency vehicle,” said Knurr, who now works at Gruber Law Offices LLC in Milwaukee.

— Follow Eric on Twitter

 

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