I. RECOMMENDATION:
Senior Administrative Analyst and City Manager recommend the Claim for Damages presented by Martin Galvan be rejected.
II. BACKGROUND:
Mr. Martin Galvan filed a claim with the City of Coalinga on July 29, 2019. The claim was forwarded to George Hills Company for review. After review of the claim it was determined the City of Coalinga does not have liability.
III. DISCUSSION:
George Hills Company recommends the claim be rejected based on broad immunities for alleged discretionary acts of firefighters and first responders. Unless first responders were negligent in their duties and their actions were so egregious to shock the conscience.
Discretionary Acts:
Employee Immunity GC 820.2
Emergency Medical Services:
Training Program Immunity H&S 1799.100
EMT & Paramedic Partial Immunity H&S 1799.104(b)
EMT, Fire Fighter & Police Officer Immunity H&S 1799.106
California Government Code Section 820.2. “ states” Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused. (Added by Stats. 1963, Ch. 1681.)
1799.100. In order to encourage local agencies and other organizations to train people in emergency medical services, no local agency, entity of state or local government, private business or nonprofit organization included on the statewide registry that voluntarily and without expectation and receipt of compensation donates services, goods, labor, equipment, resources, or dispensaries or other facilities, in compliance with Section 8588.2 of the Government Code, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of people, or certifies those people, excluding physicians and surgeons, registered nurses, and licensed vocational nurses, as defined, in emergency medical services, shall be liable for any civil damages alleged to result from those training programs. (Amended by Stats. 2008, Ch. 363, Sec. 3. Effective January 1, 2009.)
1799.104. (a) No physician or nurse, who in good faith gives emergency instructions to an EMTII or mobile intensive care paramedic at the scene of an emergency, shall be liable for any civil damages as a result of issuing the instructions. (b) No EMT-II or mobile intensive care paramedic rendering care within the scope of his duties who, in good faith and in a nonnegligent manner, follows the instructions of a physician or nurse shall be liable for any civil damages as a result of following such instructions. (Added by Stats. 1980, Ch. 1260.)
1799.106.(a) In addition to the provisions of Section 1799.104 of this code, Section 2727.5 of the Business and Professions Code, and Section 1714.2 of the Civil Code, and in order to encourage the provision of emergency medical services by firefighters, police officers or other law enforcement officers, EMT-I, EMT-II, EMT-P, or registered nurses, a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport shall only be liable in civil damages for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. A public agency employing such a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse shall not be liable for civil damages if the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse is not liable. (b) For purposes of this section, “registered nurse” means a registered nurse trained in emergency medical services and licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code. (Amended by Stats. 2012, Ch. 69, Sec. 2. (SB 1365) Eff. January 1, 2013.)
IV. ALTERNATIVES:
Accept the claim for the requested dollar amount (Staff does not recommend).
V. FISCAL IMPACT:
The fiscal impact to the General Fund will be determined by Council's decision. | | |