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Appeals Court rules woman can sue Louisville and EMS crew
FRANKFORT — The Associated Press reported that a Louisville woman who was transported to a hospital against her will can sue the city of Louisville and two emergency medical personnel for false imprisonment and battery, the state Court of Appeals ruled yesterday. Mistelle Cathey's original lawsuit was dismissed in Jefferson County Circuit Court when the judge ruled in favor of the city and the ambulance workers. Cathey was 19 in February 1997 when she was found unconscious while working as a housekeeper at the Thrifty Dutchman Hotel in Louisville. A co-worker called for an ambulance. According to court records, Cathey awoke before the ambulance arrived but was hysterical. Cathey tried to leave the room but was persuaded to return by paramedic Joe Schiess. Cathey screamed at a police officer to leave when he arrived on the scene. Scheiss reported that Cathey's blood pressure was low and her respiratory rate was high. Cathey told Schiess that she had a prior history of fainting but a hospital visit then revealed no problems.l Judge Joseph Huddleston said paramedic Joseph Schiess disregarded Cathey's wishes not to go to the hospital and, with the help of a police officer, restrained her and placed her in an ambulance. Schiess also inserted an intravenous line into Cathey's arm during the ambulance ride without her consent. Cathey sued for false imprisonment and battery. A trial judge noted that state law allows medical treatment in a case where the recipient is incapable of providing consent. Huddleston and two other judges ruled unanimously that Cathey should have a chance to prove her case. "While there is evidence which casts doubt upon Cathey's ability to make a rational decision at the time the paramedics chose to restrain her, the evidence merely creates a fact issue, which must be resolved by a jury," Huddleston said.
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