Civil SuitEMSMunicipal LiabilityNegligence

How Long is Too Long: Civil Suit in Ohio

An Ohio widow is suing the City of Northwood claiming the fire department took too long to respond to her 911 call for EMS assistance for her husband.

On March 3, 2011, Ellen Mix called 911 three times over a 22 minute period to get help for her husband, Tim, who was having difficulty breathing. It took 28 minutes for an EMS unit to arrive. By then Tim had stopped breathing. He died 2 days later.

The suit alleges not only that the EMS response was slow, but that local officials “knew or should have known that the City’s emergency response capability failed to meet the standard of care, was grossly deficient, and created a grave risk of serious harm or death to citizens who relied on its response capability for emergency medical assistance.”

The suit names Fire Chief Tim Romstadt, Mayor Mark Stoner, City Administrator Dennis Recker, as well as a lengthy list of John Does including dispatchers, supervisory personnel, administrative employees, elected officials, and consulting contractors.

Some of the quotes from the law suit:

  • “Its deficiencies placed citizens at great risk of death or other serious harm”.
  • “Defendants’ knowing disregard for this risk was wanton and reckless.”
  • The defendants “failed to establish, enforce or adhere to policies, procedures, and practices in order to ensure a timely response to requests for emergency medical assistance.”
  • Mr. Mix’s death was “a direct and proximate result of the defendants’ knowing, reckless and wanton acts and omissions.”

I am working on getting a copy of the complaint, and will post it here if I get it.

Here is more on the story.

October 1, 2011: Here is the complaint, courtesy of attorney Paul Belazis: Mix v Romstadt

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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4 Comments

  1. I live in a county that has some very rural areas. Twenty-two minutes is a long time to wait for an ambulance, but in some places that is in the realm of what you can expect if the nearest ambulance is out and mutual aid ambulance is dispatched. People need to look only at the whole story and not just the number of minutes for help to get on scene. I would like to see the complaint so see what if anything they are alleging beyond the twenty-two minutes.

  2. The City posts on there web-site one person on call 24 hours a day. The city is 1 mile wide and 7 miles long. The call came in at 0652 hrs. The gentleman who had the ALS car abandon it to go to work at his full time job. The Gentleman who was supposed to pick up the ALS car at 0700 hrs never picked the car up until 0744 (and since the incident has been promoted to the Chief of the Department). The Hospital is less than 1 mile from the victim’s house. The City Building housing the Police and 1 of the two Fire Stations is maybe a mile away also. The Mayor cut the 2 man Daytime crew in February of 2010 due to budget restrains. Now more pay for the one person on call has been raised and the 2 man crew has been reinstated. The City Leadership is totally responsible. The Police Department never responded even after 3 separate 911 calls from the victim’s wife. The 911 dispatch center is also housed at the City Building and dispatches for Police and Fire. $$$$$$$$$$$$$$$$$

  3. Thanks for the details Stephen. It certainly does not sound good. Its too bad someone had to die for the elected officials to realize their cuts went too far… but its not suprising.

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