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BAILEY v. CITY OF ST. PAUL

No. A03-1277.

678 N.W.2d 697 (2004)

Timothy G. BAILEY, as trustee for the next-of-kin of Virginia Bailey, Respondent, v. CITY OF ST. PAUL, et al., Appellants.

Court of Appeals of Minnesota.

May 3, 2004.

Attorney(s) appearing for the Case

John F. Eisberg, Daniel A. O'Fallon, Brooke B. Tassoni, Robins, Kaplan, Miller & Ciresi, LLP, Minneapolis, MN, for respondent.

Manuel Cervantes, Saint Paul City Attorney, Eric D. Larson, Assistant City Attorney, St. Paul, MN, for appellants.

Brian H. Gaviglio, St. Paul, MN, for amicus curiae League of Minnesota Cities.

Considered and decided by WILLIS, Presiding Judge; KALITOWSKI, Judge; and WRIGHT, Judge.

OPINION

WILLIS, Judge.

The trustee for the next-of-kin of a woman who died after receiving emergency medical care from a St. Paul Department of Fire and Safety Services ambulance crew sued the city for wrongful death, claiming that the ambulance crew negligently treated the woman. The city moved for summary judgment, arguing that the acts of the ambulance crew are subject to official immunity and, therefore, the city is protected by vicarious official immunity...

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