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Lawmakers push back on Utah Supreme Court ruling on EMS immunity

Lawmakers push back on Utah Supreme Court ruling on EMS immunity
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SALT LAKE CITY — Lawmakers on Utah's Capitol Hill are taking aim at a recent ruling by the Utah Supreme Court over emergency medical service providers and their level of immunity from lawsuits.

On Wednesday, the Utah State Legislature's Government Operations Interim Committee unanimously voted to advance a bill sponsored by House Majority Leader Casey Snider, R-Paradise. It undoes a ruling by the Utah Supreme Court that declared in some circumstances, EMS providers could be liable for treatment they give.

"Let me be very clear, our Supreme Court has made our communities less safe — 100 percent," Rep. Snider told the committee.

The unanimous ruling by the Utah Supreme Court involved a lawsuit by a man who had a heart attack and sued Unified Fire Authority. His wife called 911 when he complained of chest pain, but was told by responding paramedics that things appeared normal. A week later, he was hospitalized for a massive heart attack. The justices ruled that in some circumstances, emergency medical providers could be sued.

That has a chilling effect on emergency responders, said firefighters who testified in support of Rep. Snider's bill.

"This decision allows that person to now go back and say 'I’m not happy with that' and to now go back and sue them. It puts the livelihood our members and their families at risk," said Draper Fire Chief Clint Smith.

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Lawmakers on the committee vented at the Utah Supreme Court for the ruling. Sen. Brady Brammer, R-Pleasant Grove, called the decision "bizarre." Others questioned how the Court came to their conclusion when the legislative intent has been clear since 1985.

While the topic was emergency medical services, it was also clear from Wednesday's hearing that Republican lawmakers are still unhappy with recent rulings the Utah Supreme Court has made. The justices have issued rulings that have irritated GOP leaders on Utah's Capitol Hill including citizen ballot initiatives and abortion rights. Lawmakers have also been frustrated with a lower-court judge's ruling that threw out Utah's congressional map and chose a new one.

"This level of judicial malpractice should make every resident of this state nervous. And as I look at this moving forward? The nice thing about how we are in this state, we actually have a system where we can hold our judges accountable for this level of malfeasance," he said, noting some justices are up for retention elections next year.

"We have members of our Supreme Court who are accountable to these people and up for retention hearings. I hope the public remembers every time they call 911, the Supreme Court has made them unsafe. That’s how egregious what they have done is."

The bill passed by the Government Operations Interim Committee will be considered in the 2026 legislative session. It is also anticipated many lawmakers will run bills taking aim at the judiciary.