Husband and wife filed suit against city, alleging that city was negligent in responding to wife’s 911 call while husband was having heart attack.
City filed motion for summary judgment, and husband and wife filed motion for partial summary judgment. The Superior Court granted husband and wife’s motion and struck city’s public duty doctrine defense. City appealed.
The Court of Appeals held that public duty doctrine did not apply to bar husband and wife’s claim.
City’s duty to respond to 911 call was not public duty owed to general public at large but was instead common law duty to exercise reasonable care in providing emergency medical services, and therefore public duty doctrine did not apply to bar claims brought by husband and wife alleging that city was negligent in responding to wife’s 911 call while husband was having heart attack.