Professional Negligence Law Reporter

Robert Owen, 81, underwent a cardiac catheterization at Huntsville Hospital. The next day, it was decided that he would be transferred to UAB Hospital in Birmingham for an evaluation. Huntsville Hospital requested an advanced life support ambulance transport from Huntsville Emergency Medical Services, Inc. (HEMSI).

Owen, who was alert, was secured to a stretcher and placed in a HEMSI ambulance. EMT Jacob Steele drove the vehicle, and paramedic Calvin Hui stayed in the rear passenger area with Owen. Steele began passing out shortly after leaving Huntsville. He allowed the ambulance to drift out of its lane of travel and swerve multiple times. Steele indicated to Hui that he was not okay, and the two traded places after Steele stopped the ambulance on the shoulder of the road and Hui called for support from HEMSI, which approved the swap. While Steele was in the rear of the ambulance with Owen, he began watching videos on a personal device, placed earbuds in his ears, and propped his legs up on the stretcher before passing out.

Later, Owen began experiencing severe chest pain and called out for help from Steele, who was still asleep with earbuds in his ears. Hui eventually heard Owen, stopped the ambulance, administered nitroglycerin, and continued to the hospital, arriving approximately 30 minutes later. Owen died of heart damage less than two weeks later. He is survived by his wife and three daughters.

Owen’s wife, on behalf of his estate, filed suit against HEMSI, alleging negligent hiring, training, and retention; and vicarious liability. Steele and Hui also were named as individual defendants. The plaintiff alleged that HEMSI had notice that Steele was an unfit employee and had even received a complaint that Steele was under the influence the morning of the transport. Suit also alleged that Steele was liable for transporting a patient while impaired and abandoning a patient and that Hui was liable for abandoning a patient and failing to ask HEMSI to provide another driver.

The plaintiff claimed Owen had suffered another heart attack in the ambulance, which went untreated and was likely triggered by Steele and Hui, and that Steele and Hui had failed to apprise UAB Hospital of Owen’s condition.

The jury awarded $15 million in punitive damages.

Citation: Owen v. Huntsville Emergency Med. Servs., Inc., No. 44-CV-2020-900156 (Ala. Cir. Ct. Limestone Cnty. May 23, 2024).

Plaintiff counsel: AAJ member David Marsh, AAJ member J. Ben Ford, AAJ member William “Rip” Andrews, AAJ member David T. Brown, and Richard Riley, all of Birmingham, Ala.; and John Totten, Athens, Ala.