A California superior court judge has dismissed a lawsuit against the Los Angeles County Fire Department and one of its paramedics over allegations that delays in treating and transporting a seriously injured accident victim resulted in permanent brain damage. The court concluded that fire department personnel complied with the applicable standard of care and that there was no evidence their actions contributed to the woman’s injuries.

The suit was brought by Stephanie Allen, through her guardian ad litem, Gwen Allen, following a motor vehicle accident in Compton on January 16, 2021. Named as defendants were Los Angeles County, Paramedic Casey Leoffler, the State of California, and McCormick Ambulance. The complaint alleged gross professional negligence and negligent supervision and retention of employees.

According to the complaint, Allen suffered a traumatic brain injury that left her mentally and physically dependent on others. She claimed that emergency responders failed to recognize the severity of her injuries, improperly prioritized other patients, and delayed her treatment and transportation to a trauma center. The complaint alleged that responders propped her against a tree without providing adequate assessment or treatment, allowing her condition to deteriorate.

The court summarized the facts as follows:

• On January 16, 2021, at approximately 5:00 p.m., Plaintiff was driving westbound on 135th St. at Broadway in the City of Compton, when another driver (Juan Carlos Rodriguez) was driving northbound on Broadway at 135th St, ran a red-light, and collided into Plaintiff’s vehicle at approximately 80-90 miles per hour.
• Due to the collision Plaintiff’s vehicle crashed into a fire hydrant, causing the fire hydrant to burst.
• At 5:04 p.m., multiple 911 calls were made to California Highway Patrol (CHP) regarding Plaintiff and Rodriguez’s motor vehicle accident, requesting medical/paramedics.
• Pursuant to the 911 calls, CHP officers were dispatched to the scene and Los Angeles County Fire Department (LACFD), Station unit E95, was also dispatched. (UMF 5.)
• At 5:10 p.m., Plaintiff called her niece Jasmyne Fine (Fine) providing she was in an accident.
•  Fine then drove to the intersection of 135th St at Broadway and attempted to locate Plaintiff. When Fine discovered Plaintiff, Plaintiff was not near the scene of the accident, but approximately 25-30 feet away due to the water coming out of the fire hydrant near her vehicle.
• Further, when Fine was at Plaintiff’s side, Plaintiff was communicative and provided that her head hurt and was pulled out of her vehicle by some bystanders. Fine observed Plaintiff with no visible injuries.
• During this time, law enforcement personnel were first to arrive on the scene. LACFD Station unit E95 arrived at 5:15 p.m
• Upon arrival at the scene of the accident LACFD personnel began securing the scene of the accident, canvassing the scene to identify patients and identified two patients. EMTs Morales and Hayes began their triage of those patients, whereas Captain Magana continued his efforts to identify additional patients.
• At this time, Plaintiff was not identified by LACFD as she was away from the scene and Fine did not come forward to apprise LACFD personnel that Plaintiff was involved in the accident.
• After a few minutes, an unidentified bystander came forward and notified LACFD personnel that Plaintiff was also in the accident and needed medical attention. Upon being notified, EMT Morales began triaging Plaintiff at 5:22 p.m. (7-minutes after arriving on scene), and obtained vitals of Pulse 100, Respiratory Rate 18, O2 Saturation 99%.
• Initially, Plaintiff was observed with no obvious signs of distress, but was noted for head swelling to occipital, minor face laceration, and potential right knee injury.
• However, Plaintiff lost consciousness during triage, and Captain Magana requested advanced life support services from LACFD and an ambulance to transfer Plaintiff to the hospital based on impressions of traumatic brain injury (blunt head injury).
• LACFD unit Station 14 was dispatched consisting of two paramedics, one being Casey Leoffler.
• Until the paramedics arrived, EMT Morales stayed at Plaintiff’s side rendering basic life support.
• At approximately 5:28 p.m., the paramedics arrived at the scene and began rendering advanced life support (ALS) to Plaintiff.  
• Shortly, thereafter McCormick Ambulance arrived and were at Plaintiff’s side at 5:38 p.m., for transportation. Plaintiff was then placed on a gurney and loaded into McCormick’s vehicle.
• Paramedic Murrieta also continued with ALS and accompanied Plaintiff in McCormick’s vehicle.  
• At 5:45 p.m., McCormick departed to the hospital with lights and siren on.
• While enroute to the hospital, paramedic Murrieta continued with ALS to Plaintiff and administered an IV. McCormick, paramedic Murrieta, and Plaintiff arrived at the hospital at 5:55 p.m., and Plaintiff’s care was subsequently transferred to hospital emergency medical staff at 6:02 p.m.
• LACFD total care time of Plaintiff was 32 minutes.

Los Angeles County and Paramedic Leoffler moved for summary judgment, arguing that fire department personnel complied with the applicable standard of care, that their actions did not contribute to Allen’s injuries, and that there was no evidence of gross negligence.

The court explained that California Health and Safety Code § 1799.107 provides immunity to public entities and emergency rescue personnel for actions taken while providing emergency services unless their conduct constitutes bad faith or gross negligence. The statute also establishes a presumption that emergency services were provided in good faith and without gross negligence.

Citing Wright v. City of Los Angeles, the court explained that gross negligence means:

• The failure to provide even scant care or an extreme departure from the ordinary standard of conduct.

The court also distinguished between a failure to provide emergency services and negligence in the performance of services once undertaken. Citing Eastburn v. Regional Fire Protection Authority, the court noted that § 1799.107 does not impose a mandatory duty on public agencies to provide emergency services. Rather, it establishes the degree of negligence necessary to impose liability once assistance is rendered.

In support of their motion, the defendants submitted an expert declaration from Dr. Gary Vilke, a board-certified emergency physician, who concluded that the firefighters and paramedics complied with the applicable standard of care.

Dr. Vilke explained that EMS personnel must conduct an initial scene size-up, secure the scene, identify patients, prioritize life-threatening injuries, and coordinate treatment and transportation. That assessment continues as additional patients are identified.

According to Dr. Vilke, the accident scene was chaotic, involving multiple injured persons, bystanders assisting victims, and a ruptured fire hydrant. Allen had been removed from her vehicle before firefighters arrived and was approximately 25 to 30 feet away. Firefighters initially had no reason to know she had been involved in the accident.

Once firefighters learned of Allen’s presence, they immediately began assessing her. When her condition deteriorated, Captain Magana requested advanced life support and transportation to Harbor-UCLA Medical Center.

Dr. Vilke concluded that there was no unreasonable delay in Allen’s treatment or transportation and no negligent act or omission by fire department personnel that caused her injuries.

Judge Sherry L. Powell agreed, finding that the defendants had established that their personnel complied with the applicable standard of care. The court also addressed the negligent supervision and retention claim involving Paramedic Leoffler. The evidence established that Leoffler did not personally assess or treat Allen but was assisting other fire department personnel at the scene. The court found no evidence of negligence by Leoffler and therefore no basis for holding the county liable for negligent supervision or retention.

Allen did not file an opposition to the defendants’ motion for summary judgment. As a result, the expert testimony and other evidence submitted by the defendants remained uncontradicted. The court concluded that there were no disputed material facts requiring a trial.

Judge Powell granted summary judgment in favor of Los Angeles County and Paramedic Leoffler, dismissing both claims against them.