Gary v, Askew
Gary v, Askew
Opinion
**48
Petitioner Charles Gary sought a writ of certiorari to review the court of appeals' decision in
Gary v. Askew
,
The underlying suit arose after Gary was injured in a collision while being transported in an ambulance operated by Low Country Medical Services. Less than three months after Access2Care filed its amended answer and without any meaningful discovery, Gary moved for summary judgment, arguing both public policy and the contract between Access2Care and DHHS imposed a nondelegable duty on Access2Care to ensure safe transportation of patients. The trial court granted summary judgment in favor of Gary, but the court of appeals reversed, holding Access2Care did not owe a nondelegable duty to safely transport Gary.
Because the record contains minimal evidence about the nature of the collision and the parties have not had an opportunity to conduct significant discovery, we find summary judgment is premature.
Helena Chem. Co. v. Allianz Underwriters Ins. Co.
,
VACATED AND REMANDED.
BEATTY, C.J., KITTREDGE, HEARN, JAMES, JJ. and Acting Justice Paul E. Short Jr., concur.
We express no opinion as to the merits of Gary's nondelegable duty claim.
Reference
- Full Case Name
- Charles GARY, Petitioner, v. Hattie M. ASKEW, Will Outlaw, and Deboria Outlaw, Individually and D/B/A Low Country Medical Transport, Low Country Medical Transport, Inc., Eugene A. Kirkland, and American Medical Response, Inc. (d/B/A Access2Care), Defendants. of Whom American Medical Response, Inc. (d/B/A Access2Care) is the Respondent.
- Cited By
- 1 case
- Status
- Published