RATHEY v. PRIORITY EMS, INC.

No. 2004-CA-0199.

894 So.2d 438 (2005)

Jerry G. RATHEY, Husband of/and Mable Rathey v. PRIORITY EMS, INC., Richard Scott Samuel, Joan Savoy, St. Bernard Parish Sheriff's Office, through its Sheriff, Jack Stephens, David Pierce, C.J. Acosta and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 24, 2005.


Attorney(s) appearing for the Case

Gary B. Roth, Orrill, Cordell & Beary, L.L.C., Todd R. Slack, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., New Orleans, LA, for Plaintiffs/Appellees.

James Ryan, III, Timothy T. Roniger, James Ryan, III & Associates, LLC, New Orleans, LA, for Defendant/Appellant (Priority EMS, Inc.).

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge TERRI F. LOVE, and Judge MAX N. TOBIAS, JR.).


MAX N. TOBIAS, JR., Judge.

This is a personal injury action. The plaintiffs, Jerry Rathey and his wife, Mabel Rathey, allege that they sustained personal injuries as a result of the negligent or grossly negligent use of hard restraints (i.e., handcuffs and shackles) by emergency medical technicians ("EMTs") to subdue Mr. Rathey while he was having a medical emergency (i.e., a seizure) on 31 March 1995 at a McDonald's. The EMTs, Richard Scott Samuel and...

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