Sarah Voehl

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In an opinion drafted by Justice Herndon, the Court considered whether the district court erred in dismissing the appellant Larry Porchia’s complaint in its entirety. Porchia alleged that he was denied medical treatment and transportation by the EMTs after they negligently misdiagnosed him because he was experiencing homelessness and was uninsured. The district court dismissed his complaint with the rationale that the claims were barred by the public duty doctrine and the Good Samaritan statute. However, the Court reasoned that accepting Porchia’s allegations as true, the EMT’s failure to provide medical assistance or transportation to the hospital based on the appellant’s socioeconomic status may be gross negligence and an affirmative act exempted from the public duty doctrine. Thus, the Good Samaritan statute would be inapplicable. The Court held that the district court erred in dismissing the complaint in its entirety.