Published August 23. 2010 05:00PM
Monetary damages sought by a medic for back injuries he claimed he suffered when returning a patient from a hospital to her home in Andreas, West Penn Township, was denied by an arbitration board after a hearing held a the Schuylkill courthouse in Pottsville.
The personal injury action was brought by Christopher Post, of 1271 Old Gate Road, Northampton, against Larry Mimm, now residing at Pinebrook Personal Care Center in Orwigsburg, and his daughter, Kathy Mimm, of 4121 Rosemont Lane, Fredericksburg, in their capacity as executors of the estate of Diane Mmm, late wife of Larry Mimm.Post claimed while acting in the scope of his duties as Emergency Medical Technician (EMT) he was transporting Diane Mimm from St. Luke's Miners Memorial Hospital, Coaldale, to her home at 545 Cold Spring Road, Andreas, on Dec. 5, 2005. He claimed while transporting her from the ambulance on a gurney (chair stair) he was caused to slip and fall on the snow covered lawn and suffered injuries to his back. He was 24 years old at the time. He later went to the emergency room at St. Luke's and received medication for pain and was discharged the same day. He also received chiropractic treatment.The defense was that all deliveries to the home were made normaly to the back door as there is a sidewalk running from the driveway to the back entrance.The arbitration board denied the liability under the Doctrime of Assumpiton of Risk and Doctrine of Comparative Negligence in that the medic had three choices to enter the home, front door, garage and back door and his choice was not through the safest passage.A board of arbitration hears civil cases in which damages sought do not exceed $50,000.