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    Metro Claim Redacted

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    12K views15 pages

    Metro Claim Redacted

    Uploaded by

    Jessica
    Metro Claim Redacted

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 15
    DIO 25 NOTICE OF CLAIMS PURSUANTTO A.R.S. 128211 TO; CITY OF PHOENIX City Clerk Department 200 W Washington Street, 15% Foor Phoenix, Arizona 85003 NOTICE OF CLAIM is hereby given by Katalin and George Met, by and through their attorneys, Beale, Micheaels, Slack & Shughart, P.C., pursuant to ARS, Section 12- £21.01, that leims are made against the City of Phoenix, for injuries sustained and damages suffered by Katalin Metro as the'resul of failed helicopter transporters by the Phoenix Police Department Ait Support Unit and Phoenix Fire Deparment from Pirstowa Peak/Phoentix Mountain Preserve in Phoenix, Arizona on June 4, 2019, Katalin Metto’s injuries were caused or contributed to by the neglignze, negligence perse, gross negligence, carelessness andor other fault on the pa ofthe Cty of Phoenix, through its agents, employees, agencies, and depertinents, withrespect oslo to reasonably and safely prepare and exeout the transport of Ketlin Meo offatrall inthe Phoenix Mountain Preserve in such a manner to avoid causing her adltonal end significant injuries and damages. The fault ofthe City of Phoenix described ia fre ee throghost this Notice of Claim, “This Notice of Claim is made in accordance with Rule 408, Arizona Rules of Evidense “This Notice of Claim is only a preliminary statement ofthe information contained herei, as formal discovery has not yet commenced, The information herein subject to supplementation, amencent, change, andlor amplification as more information i obtained, Forexample the City of Phoenix and its agents, employees, agencies, and departments may Juve important information, documentation and materials concernig the earrence giving tise o this Notice and such information is not aveiteble to Claimants wil tigation commences. If any part of this Notice is ever read to jury, fairaess requires that the jury be read this preliminary statement and be informed that the matter wes inthe ligation stege when this Notie of Claim was required to be prepared and submitted, en tat Claimants lacked the information within the control of the entities listed in this Notice. 1. CLAIMANTS: Katalin Metro clo Beale, Micheaels, Slack & Shughat,P.C O12 North 18% Street Phoenix, AZ 85020 George Metro clo Beale, Micheaels, Slack & Shught,P.C. ‘OLA North 18" Street Phoenix, AZ 85020 Ketalin Metro suffered physical, emotional, and psyetologcal nj and dammges as a relt ofthe June 4, 2019 failed helicopter transport altempl. George Mato suffered los of corsortium asa result ofthe injuries end damages his wile suffered es resultof he Tune 4, 2019 failed helicopter transport attempt 2, FACIUALBASES UPON WHICH CLAIMS ARE MADE: the factual bases upon which these claims are being made eee follows: The following is a “sunray” ofthe factual bases of the Claimants’ claims i this action, 1eisnot intended asa comprehensive recitation of al fects cadclreumstances that are, or might be, relevant fo all issues in thts matter, Instead, the following intended fo provide the City of Phoenix with a "basic overview" of de facts relevant to ese clei The following is intended, in good faith, to satisfy the requirentents mandated by A.R.S. § 12-821.01, as Cloiraants had tinded access to alt information atthe time this Notice of Claim was served. Given the foregoing explanation and qualiicsin, the factual bases for these claias are as follows. A. The Incident. On June 4, 2019, Ketalin and George Metro, both of whom ar evi hikers, set out on their daily hike along the Circumference Trail of Piestewa Peak in Phoenix, Arizona, The ‘Metros were on their wey back down # mountain trail when Katalin st er footing, fling to the ground, As a result ofthe fll, Katalin injured the left side of her body, inluding her et axmand hip. Kotain also sufered an injury’ to he nose and broke her glssesin the fll Deciding that Katalin was too sore to continue down the mosntsin, George Metro contacted 911 requesting assistance, Phoenix Fire Department personnel wee dispatched, and rived on scene at 8:57 tm, The EMS incident report documents that whee Phoenix Fire Deperiment personne rived athe til, poremedes found Katt nh = gg ees documented that Ketalin was epeienn oe (Phoenix Fite Department EMS Incident Report, Exhibit y) Once Phoenix Fite Department personnel eveluted Kets, vs ee that her condition did not constitute « medical emergency requiring any pe of emergency transport. In addition, Katalin expressed to City of Phoent fist responders that she did not want to be taken off the trail by helicopter. Despite these findings and Claitnant's wishes, the City of Phoenix paromediesfirefighters made the decision to transport Ketalia off the trai by helicopter ait rescue rather thae using a Big Wheel uit or cher ground-based method to transport her. ‘The Phoenix Police Department Air Support Unit was called ino airlift Retain Metro from the Phoenix Mountain Preserve Circumference Trail. The At Sappot Unit Special Operations Foim identifies pilot Derek Geisel, co-pilot Sergeant Stele, and bois tech Troy Caskey, The Specie} Operations Form also documents thit the following problems occured uring the transport attempt: Problems/Spocify: Patient in Bauman bag had a Jot ofspn ov the way up and trail Hine broke (Ait Support Unit Special Operations Form, Exit 2) ne the Ait Support Unit eived on seve, Katalin Metro wis poe! ina Bauman bo set inside a Stokes litter which was then hooked to the line that would hoist the Bauman bag, iter, sn8 Kain upto the helicopter. According to City of Phoenix pesamne, as Ketelinwas tein hoisted up an es apreiately 20 mars om the helo eit nd Katalin sejant spr contuing to sped up, spinning at ihe and higher pe Heater ew pesomel pupatedy attempted to top the spinning, bothers, Tear he ‘crew reports thatthe tral line broke and Katalin continued spinning wildly. The Air Support Unit was eventully able to slow the spin enough to bring Katalin to the heiogter and were able to land wherefBaramedios could transfer her for ground transprtto the bospital. Video documenting the event can be reviewed at htps:outu.bel2f67PSdawMU. end is incorporated into this Notice of Claim. B. Liability of City of Phoenix, ‘Fhe City of Phoenix, by and through its actual agents, ostensible agents, employees, agencies, depariments, and/or representative: Juding the Phoenix Police Department and its ‘Aic Support Unit and Phoenix Fire Department (hereinafter collectively refered to as the “City of Phoenix"), was responsible forthe safety and protection of Katalin Metro, end oved a non- dletegable duty to transport her in a reasonably sae and appropriate manne 80 aS to prevent adaitional injuries, trauma, and damages to Ketelin Metro, The City of Phoenix was required to properly evaluate an injured hiker like Ketalin Metro, and inthe even tet trensprtation of the hiker was requted,the City owed a duty to do so ina reesonaby safe manner and trough appropri means, The City of Phoenix, through its actual and ostensible agen, employees andlor representatives, was grossly negligent and breached its day te propery assess the condition ofthe patient, the agcessibilit ofthe location, the tenn of hel, and the time of day and environmental conditions prior to choosing a high risk helicopter transport rather than a prouind-eve transport The City’s acts and omissions caused or contrbuted to infant Katalin Metro suffering additional significant and permanent injuries end damages, and its conduct amounted to negligence, negligence per se, gross neligene, endo ther Flt wich ‘was a cause of Claimants? injuries end damages. The City of Phoenix, through its actual end ostensible agents, employees and/or representalives, was responsible forthe operation ofthe helicopter, personnel and equipment used in Claimant’ transport, The City was requiced to (1) act in ereasnatly safemeniner, 2) ‘comply with the standard of care in the assignment and pleeesnert of personel end equipement to safely prepare, host, and transpor injured patients, including the Claimant, (3) owed to injured patients to properly train its personnel, maintain its equipment in ereasonably safe condition, and (4) owed a duty ta safely and properly evaluate, prepare, taf equip, hoist, and transport patents, including Cleimant Katalin Metro, in a reasonably sateen. The City of Phoenix brezched all of these responsibilities and duties in this mater “The City of Phoenix was on notice ofthe potential to have a spiming event like the one ‘which caused injury and damages to Claimants it failed to comply with safety standards, procedures, end protocols for conducting such a transport, As eres te iy of Penix was required to adequately train, prepare for, and execute ar tenspet by flowing weno safety standards and protocols for such transposts, and tobe able to promply respond and sop a spinning event should it begin. “The Cty of Phoens filed to comply with its non-deegabe des touse reasonable care, violated the standard of eae and instead acted ina reckless, ngs ané grossly negligent manner with respect tothe evaluation, preparation, steffing, equipment usage, hosing, and transportation of Ketalin Metro. “Tine Cty of Phoenix ailed to comply with he standard acre vith espectto the Ciy’s decision to evacuate Kalin Me by helicopter. The Cy ef Phoeri’ ages, employees, and/or representatives improperly attached and maintained the tagine ducing the peration, preventing the proper control of the basket and patient Katalin Meto. The City of Phoenix personnel were improperly positioned to safely and appropriately hist the patient, io violation of the standard of care and safe practices, City of P x personel filed to promptly respond as required by the standard of care and safe practices to stop the uncontrolled spinning when it began, All of its above deseribed files were breaches ofthe City of Phoenix’ duty owed to Claimants, and eonstiruted negligence, gross negligence, al ote fault which caused or conteibuted to Claimants’ injuries and damages deseribed herein 3, DAMAGES: A, — Katalin Metro's Injuries and Treatment,’ _ iin ae iar ha eens

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