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Lifestar Response of Alabama12/3/2004
ntroduction of properly certified codes or other compilations of municipal ordinances, but no such document was offered before Judge Price. Finally, Rule 9(d), Ala. R. Civ. P., provides: "In pleading an ordinance of a municipal corporation ... it is sufficient to refer to the ordinance ... by its title and the date of its approval, and the court shall take judicial notice thereof." Although Bryan referred to the ordinance "by its title" in his affidavit, he did not include the date of its approval. Consequently, we cannot hold that Judge Price was obligated to take, and therefore must have taken, judicial notice of the text of the ordinance. The plaintiff includes a copy of the ordinance as an appendix to her brief, for our use if we elect to consider it, stating, however, that "its submission is similarly improper" before this Court as would have been Judge Price's judicial notice of it.
Lifestar argues in its principal brief concerning the ordinance as follows:
"Pursuant to Ordinance 25-98, City of Montgomery, the Montgomery Fire Department Fire Medics were in charge at the scene at the Lemuel home and in charge of all matters concerning patient care and transport. Under protocol, the Lifestar ambulance crew did not perform the medical care criticized by Lemuel in her Complaint. The protocol required by the Montgomery City Ordinance was followed on the occasion of the 911 emergency call to the Lemuel home. ... Additional support for this fact is found in the Care Ambulance Statistical Data Report and Care Ambulance Run Report attached as Exhibit A to Bryan's Affidavit ... wherein it is noted, 'MFD' (Montgomery Fire Department) is listed as providing medical control on scene and en route. ... The Lifestar EMT's report states they 'carried out orders in route to [Baptist Medical Center]-South for further [treatment]'.... Since the Lifestar employees did not render EMT medical services to Lemuel, such services being provided by the Montgomery Fire Department Fire Medics, Lifestar could not be legally liable for the acts of neglect made the basis of the Lemuel Complaint."
Thus, Lifestar's meritorious defense is dependent upon the text of Ordinance 25-98 and upon Lifestar's assertion that Montgomery Fire Department medics were at the scene at the Lemuel home and that Lifestar's employees did not render emergency medical services to Mr. Lemuel. Even if we consider the protocol established by the ordinance, as Lifestar invites us to do, the showing of a meritorious defense falls short.
Section 11 of the ordinance, entitled "PROTOCOL," reads as follows: "To facilitate the most efficient transfer of patient care, the following procedures have been adopted:
"A. Upon arrival at the scene of an incident where patient care is being provided by Fire Department personnel, the ambulance crew shall:
"1. Seek out the officer or Firemedic in charge for any information reports on patient care already provided (at no time shall patient care be interrupted);
"2. Request possible assignments to assist in any additional care;
"3. Avoid duplicating any patient assessment or treatment already completed;
"4. Work under the direction of the officer or Firemedic in command of the scene.
"B. Upon arrival at the scene of an incident where patient care is currently being provided by ambulance crew personnel, the Fire Department may assume command of the scene. In the event that the Fire Department does assume command of the scene they shall:
"1. Seek out the ambulance attendant in charge for a report on the condition of the patient, and any treatment that may have been provided (at no time shall pa
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