Local Man Seeks Evidence For Possible Lawsuit Against Ambulance Corps

By Andrew Gorosko

DANBURY — Danbury Superior Court Judge Taggart D. Adams is considering a Newtown man’s request for evidence and testimony in connection with a potential personal injury lawsuit, on behalf of his son, against Newtown and the Newtown Volunteer Ambulance Corps.

The request for evidence and testimony stems from the ambulance corps’ response to telephone calls for help made from an Equestrian Ridge home in Poverty Hollow last May.

 David Tanner of 21 Equestrian Ridge Road, on behalf of his son, Bradley Tanner, now 13, alleges that the ambulance corps made a “slow and negligent” response to his home, where his son was suffering an asthma attack, last May 7-8.

According to a notice of intent to sue, on Sunday, May 7, “shortly prior to 11:50 pm,” Bradley Tanner suffered an acute asthma attack while with his family at his home. According to the legal papers, Bradley’s mother, Linda Tanner, reported the problem via telephone at 11:50 pm to the 911 operator and provided the family name and address. The legal papers state the ambulance corps made a “slow and negligent response” to the call for help. The documents allege a variety of complaints over how the ambulance corps handled the call.

The legal papers allege that Bradley Tanner suffered at least 17 different medical, personal, and economic problems as a result of the incident, including extended respiratory arrest, hypoxic-ischemic brain injury, and coma.

Attorney Gregory Klein, representing the Tanners, already has received ambulance call log information concerning the incident.

Mr Klein is now seeking access to the audio tape of the telephone calls that were placed to the town’s emergency services dispatcher. The lawyer also is seeking to have the dispatcher who was on duty at the time, Lorribeth Lajoie, submit sworn testimony in a deposition to clarify aspects of the emergency dispatch to the Tanner home.

In Danbury Superior Court Monday, Mr Klein said the town has preserved an Emergency-911 audio tape which contains recordings of the telephone calls.

Mr Klein told Judge Adams that he wants Ms Lajoie to submit sworn testimony in a deposition to verify the information contained on the audio tape. Such sworn testimony would explain aspects of the audio tape which may otherwise not be understandable, Mr Klein said.

“This is not a rear-ender, not a simple case to prove,” Mr Klein told Judge Adams.

Noting that litigation could last for two years, Mr Tanner wants to enter any possible lawsuit against the town with clear evidence, Mr Klein said. Mr Tanner does not want to leave himself open to any possible future litigation filed by the town, which might allege that Mr Tanner had filed a vexatious lawsuit against the town, Mr Klein said.

Mr Klein said Mr Tanner wants access to the audio tape to serve as proof in a possible lawsuit. Mr Tanner does not want to become involved in a two-year-long lawsuit without a clear indication of what occurred in the incident, Mr Klein said.

Attorney Anthony Corleto, representing the town, noted that Mr Klein already has obtained ambulance reports through normal channels. “That information is available and he has it,” Mr Corleto said.

The town will preserve the audio tape, which contains a recording of the ambulance dispatch to the Tanner residence, Mr Corleto said.

Mr Corleto said it is unusual for someone who may file a lawsuit to obtain such detailed information from a potential defendant before any lawsuit has been filed.

Mr Corleto asked why there is a need for a deposition before there is a possible lawsuit.

Judge Adams said that his quick reading of applicable state law indicates that only sworn testimony, in the form of depositions, is covered by the law, not documentary evidence, such as audio tapes.

Judge Adams said he will review applicable state statutes and case law in considering the request for evidence and testimony from Mr Tanner.

“It’s obviously not something that comes up every day,” Judge Adams said. The judge asked the lawyers to submit their positions on the matter in writing for his review.

 

Dispatch Log

According to the ambulance dispatch log kept at the town communications center in Edmond Town Hall, the initial call for help from the Tanner residence was received at 11:50 pm May 7.

Through the call, the dispatcher learned that a 12-year-old boy at 21 Equestrian Ridge was suffering an asthma attack.

Emergency medical technician Harold Evans, who lives in Bethel, was sent to the scene as a direct responder, arriving at the Tanner residence at midnight.

Ambulance staff members Kris Peterson and Steve Ramble left the ambulance garage on Main Street in Ambulance 780 for Equestrian Ridge at 11:52 pm, according to the log.

Ambulance corps member Nancy McLachlan also was sent to the scene as a direct responder.

A regional paramedic was summoned to respond to the ambulance call.

The ambulance arrived at 21 Equestrian Ridge at 12:03 am on May 8. It is 5.6 miles from the ambulance garage to the Tanner driveway.

The paramedic arrived at the scene at 12:07 am.

The ambulance left the house at 12:15 am, heading for Danbury Hospital. The ambulance arrived at the hospital at 12:33 am.