Ohio Supreme Court signals that Good Samaritan Immunity applies to all Ohioans, not only health care professionals.

Carter slipped and his leg became wedged between the loading dock and the trailer of his truck. Reese heard Carter yelling for help and came to his aid. While attempting to move the truck away and off Carter’s leg, Reese, an inexperienced driver, rolled the truck backwards, breaking Carter’s leg. Due to the severity of his injuries, Carter’s leg had to be amputated above the knee, and he sued Reese. Reese asserted Ohio’s Good Samaritan Statute as a defense and moved for summary judgment, which was granted, and the court of appeals affirmed. In their appeal to the Ohio Supreme Court, the Carters argued that the immunity from civil liability afforded by Ohio’s Good Samaritan Statute, O.R.C. 2305.23, applied only to health care responders providing emergency medical care or treatment to another individual at the scene of an emergency. The Supreme Court compared and contrasted the language and application of several states’ Good Samaritan Statutes. After extensively interpreting the language of Ohio’s statute, the court held that Ohio’s Good Samaritan Statute applies to any person who administers emergency care or treatment at the scene of an emergency, including but not limited to health care professionals. In addition, looking to the plain meaning of the words, the court construed the phrase “administering emergency care” to mean any type of care, rather than limiting the phrase to mean only emergency medical care. Moving forward, this ruling shields all Ohioans from civil liability when they provide emergency treatment or care to those in distress, unless their actions constitute willful or wanton misconduct.

_{Case Law Alerts, 4^th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}