M Civ JI 14.21 Emergency Medical Services Act - Burden of Proof

The plaintiff has the burden of proof on each of the following:

that [ he / she ] was injured

that defendant’s conduct or failure to act constituted gross negligence or willful misconduct

that the gross negligence or willful misconduct of the defendant was a proximate cause of the injury to the plaintiff.

*(Your verdict will be for the plaintiff if you find that all of these have been proved.)

*(Your verdict will be for the defendant if you find that any one of these has not been proved.)

Note on Use

The Emergency Medical Services Act applies only to emergencies. Knight v Limbert, 170 Mich App 410; 427 NW2d 637 (1988); Pavlov v Community Emergency Medical Services, Inc, 195 Mich App 711; 491 NW2d 874 (1992). If there are fact issues, such as the existence of an emergency or whether defendant is one of the persons enumerated in the statute, additional instructions on the alternative of ordinary negligence will have to be given.

*These paragraphs are not necessary if a special verdict form is used. These paragraphs should not be used if comparative negligence is an issue in the case. If comparative negligence is an issue, the court should use M Civ JI 11.01, Comparative Negligence—Definition, and should incorporate the comparative negligence issue in this burden of proof instruction. For guidance, see M Civ JI 16.02A Burden of Proof in Negligence Cases.

Comment

MCL 333.20965. Jennings v Southwood, 446 Mich 125; 521 NW2d 230 (1994).

History

M Civ JI 14.21 was added January 1996.