Jury Awards $6 Million in Wrongful Death Suit

NOV. 2, 2022—A Calhoun County (Alabama) jury has returned a multi-million-dollar verdict against Anniston Emergency Medical Services Inc., awarding the sum to a Wellborn man whose wife died while waiting for medical care in 2016.

The plaintiff, Walter Ellswick, filed suit after his wife, Charlotte Ellswick, died May 28, 2016. According to Ellswick's attorney Bruce Downey IV, the ambulance crew had "staged" two blocks away from the couple's home, where she was apparently suffering a heart attack, and "refused to respond" to the scene.

The jury took less than 30 minutes Friday to return a verdict in favor of the plaintiff, awarding the widower $6,295,000, to be paid by Anniston EMS.

Calhoun County 9-1-1 director Kevin Jenkins told The Anniston Star that it was company policy to assess the safety of the scene before the arrival of emergency personnel to the residence.

"There were some indications on the 9-1-1 call where there was some concern for scene safety. And any time there is a concern based upon what we're hearing on the call for scene safety, we will automatically notify law enforcement of that call as well," Jenkins said.

The concern for safety is for all parties involved, Jenkins said—the medical personnel, the caller, and any parties that might also be on scene.

"We at 9-1-1, we process the 9-1-1 call, we take the facts, we gather the information and then we get that caller in touch with the appropriate help," Jenkins said.

The man called Calhoun County 9-1-1 as he believed wife was suffering from a heart attack. After several minutes passed and no ambulance was on scene, Ellswick called 9-1-1 a second time "to get the ambulance to hurry its response," Downey stated in a press release.

"Anniston EMS's dispatcher told Mr. Ellswick that the ambulance was on the way and would be there as soon as possible. Then, after disconnecting from Mr. Ellswick's second call, Anniston EMS's dispatcher asked 9-1-1 to send police to his home, and she told the ambulance crew that she had notified PD because the caller was agitated by the slow response," the release stated.

Because the Anniston EMS operator labeled the residence as some type of threat, the ambulance staged the vehicle two blocks away from the home. Ellswick called a total of four times, each time becoming more frantic as his wife began to stop breathing.

"I've called it callous indifference to Charlotte's survival," Downey told The Anniston Star.

Even after learning the woman had stopped breathing the ambulance crew parked and refused to respond, Downey said.

Court documents state that Anniston EMS denied the claims, stating "any delay in responding to the call by Walter Ellswick was the result of Calhoun County 9-1-1 having dispatched the Anniston Police Department for concerns of scene safety."

A trial brief filed by Anniston EMS includes the statement, "There is insufficient evidence of the probable cause of Ms. Ellswick's death and/or the causal connection between any alleged breach in duty of care to Ms. Ellswick and her death...Although several breaches in the standard of care were alleged, many of the alleged breaches have no causal relationship to the death."

Downey explained that the Anniston EMS dispatcher labeled Ellswick as belligerent and "created an appearance that there was some kind of disturbance in the home."

Downey said the company's dispatcher "grossly exaggerated his conduct to make it sound like he was acting crazy."

Typical call time for ambulance response is "supposed to be" about eight minutes, Downey said. However, that sometimes isn't possible.

"We've learned through this case that that's not typical here with this agency. But they're supposed to be on scene within eight minutes 90 percent of the time. But they have a mandatory duty to get en route within two minutes of receiving the call," Downey said.

According a press release from Downey, the ambulance crew did not arrive at the Ellswick home until 40 minutes after Anniston EMS received the call. Upon their arrival, the paramedic touched Mrs. Ellswick's leg and walked back out. Paramedics spent "less than 30 seconds at her side," according to the release.

"I hope this makes a difference and may no one else ever have to go through this," Ellswick told The Anniston Star via text correspondence.

"They were in my opinion not OK with what happened here," Downey said, in reference to jury members.

Owner of Anniston Emergency Medical Services Johnny Warren told The Star a non-disclosure agreement in connection with the case prevents all parties involved from talking about details of its resolution.

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