Gross Negligence EMT/ Wrongful Death Ambulance Case

1. At the end of the day, the jury found Pacific Ambulance, Inc. and one of its EMTs grossly negligent in the care and transport of Brett and at fault for his wrongful death. The jury also agreed that Brett did absolutely nothing wrong and not at fault for his own death.

2. On July 24, 2013 Orange county Superior Court jury found Pacific Ambulance, Inc., and and one of their EMT employees grossly negligent in the care and transport of our clients’ son, Brett Weiner.

3. EMT expert believed strongly that the method and manner that the “quick release” soft restraints were applied and monitored resulted in facts allowing us to argue the gross negligence issue. He testified during trial that the bottom line was if the soft restraints were applied correctly in the first place, Brett would have never been able to rid himself from them.

4. Brett’s mother and father, Dena and Keith Weiner, asked us to look into the death of their son after learning about false and inaccurate information about Brett’s death. Furthermore, serious questions were raised as to safety issues involving their son and the attempted non-emergency ambulance transport. The family’s goal in pursuing this case was to bring out the truth and fix what they perceived to be a serious problem with safety issues relating to the use of quick release soft restraints by private ambulance companies such as the defendant, Pacific Ambulance, Inc.

5. Brett was eventually grabbed by off-duty Orange County Sheriff Deputy (the Weiner family thanks this deputy for trying to help). During trial, the deputy testified Brett told him he “needed to get back over there” pointing to where the ambulance was. After 3-5 minutes, Brett pulled away from the deputy and without looking, stepped on to the freeway and was immediately struck and killed by an oncoming vehicle.

6. “Gross negligence is the lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. A person can be grossly negligent by acting or by failing to act.”

7. On December 23,2011 Brett Weiner lost his life do to gross neglect by a private ambulance service.

8. The plantiffs Dena and Keith Weiner, Bretts mother and fathers case was filed in the Orange County Superior Court.

9. One of the defendant EMTs rode in the back of the Pacific Ambulance, Inc. vehicle with Brett who was positioned such that he was looking towards the rear of the vehicle. This EMT was seated on a side bench providing the EMT with full view and access to observe Brett and the soft restraints during the transport. The other EMT drove the vehicle.

10. After about 10-15 minutes, the Brett asked the EMT who was in the back watching him to move behind him. The EMT complied and moved to the airway seat behind Brett. At all times, Brett was still in the raised Fowler’s position. His body and soft restraints were now blocked from the view of EMT.

11. Brett was taken to a Mission Hospital hospital for observation and to try and figure out what was going on. At the hospital, Brett was medicated and cooperative.

12. According to EMT riding in the back, a few minutes later he observed Brett sit up and slide his feet off of the gurney. After a brief struggle, Brett exited the almost stopped Pacific Ambulance and ran across 7 lanes of the 5 Freeway near the connection with the 55 Freeway.