Published Feb. 15 in the Big Sandy News

Hearing held on Martin ambulance suit

By LILLY ADKINS
Big Sandy News Martin County Bureau

INEZ — A hearing was held Thursday in a legal dispute between Martin County EMS and the Martin County Fiscal Court.

Martin County EMS sued the fiscal court in February 2001 after the court refused to include the ambulance company on the 911 rotation.

Testimony was heard Thursday from company owner Phillip Elliott, who assumed the debt of the former Martin County Ambulance Service; Marc Tarver, regional director for the service; and DES Director Dallas Sweeney.

Elliott told the court that his company had assumed all debts and equipment of the service in May 2000. Elliott said that he has four ambulance services and that he also has mutual aid agreements in Johnson, Lawrence and Floyd counties.

Elliott said that his other services had mutual aid agreements to assist the Martin County Ambulance Service before he assumed the company’s debts.

“We have a management agreement to operate the service,” Elliott explained. “We took over operations in May 2000.”

Elliott told the court that when his company had taken over, most of the ambulances had been repossessed. One vehicle was in disrepair and only one was in service, he said.

“We reduced the number of units on the license with the EMS branch because it wasn’t economical to keep a larger staff on call 24-7 if we aren’t being dispatched by 911,” Elliott said. “If that were to change, we would be willing to bring more in here to meet the increase in demand. Right now we have two stationed in Warfield and we also have a staff in Inez.”

Elliott said that he filed the lawsuit only after attempts to get his company on the 911 rotation failed.

Elliott explained that he felt the ambulance closest to the emergency should be the one to respond, and that since the ambulance service had not been placed on 911 rotation, he had been using his ambulances to make runs in other areas to minimize the loss.

“Right now, all of our units are fully functioning and fully stocked,” Elliott said. “We have three working and one is in the shop having warranty work done.”

Martin County Attorney Drewie Muncy informed Elliott that the corporation’s charter had been revoked in November 2001. Elliott said that he had not been aware of it and that he hadn’t received any notification regarding the matter. He said the situation could be corrected within a week or so.

Sweeney testified that the company had been having a lot of financial problems prior to Elliott’s arrival and that the fiscal court had taken control of 911 dispatch, leaving the ambulance service on its own.

“In the past, the ambulance service did approach the fiscal court to ask for money to match funds to purchase equipment,” Sweeney said. “In May 2000, the ambulance service was removed from the 911 list.”

Sweeney admitted that if an ambulance service exceeds the five minutes allotted by the state to be en route, it was not in state compliance. He also denied knowledge of a petition presented during a fiscal court meeting by residents in the Warfield area who wanted the company’s Warfield station placed on 911 rotation. Sweeney also told the court that he wasn’t aware of a station being located in Warfield.

Sweeney said that if the company wanted to be placed on 911 rotation, he would need information regarding the number of ambulances, employees, special training, etc.

“If they want to be on 911, they need to provide certain criteria,” Sweeney said. “I’m not going to chase them down.”

Martin County EMS attorney John Kevin West asked Sweeney whether he would be the one to make the decision on whether the ambulance service would be placed on rotation. Sweeney said that the information would have to be presented to him and that he would then present it to the fiscal court, which would make the final decision.

“If all of the criteria is presented to you as requested and everything appears in order, would you then make a recommendation to the court?” West asked Sweeney.

Muncy objected to the question, but Judge Daniel Sparks allowed it. Sweeney then reluctantly answered: “Yes, it would be considered for a referral.”

Sparks expressed concern that the corporation’s charter had been revoked and that the ambulance service was not a legally recognized entity.

“Who owns it?” Sparks asked Elliott.

Elliott responded by saying there would be some administrative changes because he hadn’t been aware that the charter had been revoked. West said that it would take about a week to re-establish the charter and that it would be taken care of.
Following the hearing, depositions were taken from other people pertinent to the case. No trial date has yet been scheduled.

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