Utah County judge throws out Payson police lawsuit
He says officer was just trying to help an injured man
So when Payson police officer Scott Taylor called an ambulance for him, worried about a head injury, Anderson sued Taylor and the Payson Police Department, the chief of police and the city for inflicting unnecessary medical expenses.
Tuesday in 4th District Court, Judge Samuel McVey tossed out the case, ruling Taylor had acted appropriately and used common sense when he believed Anderson was struggling with a head injury.
"I don't believe the officer believed the plaintiff was in danger of his life, but could have been in danger of a very serious outcome, which could have eventually led to a life-threatening situation," McVey ruled at the outcome of the bench trial.
Taylor had arrived at Anderson's home in late October 2006 around midnight after receiving a 911 call of a possibly impaired driver.
As Taylor approached Anderson, who was removing items from his trunk, Taylor noticed a far-away look in Anderson's eyes.
While they talked, Anderson told Taylor his head hurt and explained he had dropped a weight on his head at a gym, even letting Taylor feel the dent in his skull.
Anderson later testified it was a 10-year-old injury; however, Taylor said he was led to believe the injury had occurred that day.
The erratic driving, the glassy stare and the head injury left Taylor wondering if Anderson needed medical attention.
"I was concerned if I left him there alone that something bad would happen to him," Taylor said. "With a dent in his head, I don't know what could have happened to him. I didn't think he should be left alone."
So, after helping Anderson carry in some papers from the trunk, Taylor stuck around and watched Anderson, who he said was polite and quite talkative.
After Taylor couldn't get a hold of family members, and believing Anderson's condition was worsening, Taylor called for an ambulance against Anderson's wishes, said Anderson's attorney Daniel Irvin.
"The patient has a right to say, 'I don't want treatment,'" Irvin said. "Even if they're lying there dying, (and don't want treatment) we shouldn't treat them. He was conscious and (didn't) want treatment."
Irvin said toward the end of the night his client asked the officer to leave, that he wanted to sleep.
Taylor says Anderson never once told him to leave.
Emergency medical technician Joseph Mittelman also testified that while loading Anderson into the ambulance, he never refused treatment or transport. Instead, he said he had taken Valium, Methadone and Percocet.
Irvin and Anderson deny that as well, saying that Anderson has never had a prescription for Percocet. While he did have a prescription for Methadone, he hadn't taken it that day, the attorney said.
Recent comments
A patient cannot be compelled to be transported to the hospital. If...
EMT | Jan. 7, 2009 at 3:16 p.m.
Since when do police officers or EMT's have constitutional authority...
Unreasonable seizure | Jan. 7, 2009 at 11:34 a.m.
I have to side with Anderson here. The officer should have left him...
Too bad | Jan. 7, 2009 at 9:47 a.m.
- Raptors confirm Turkoglu 1:10 p.m.
- Trial begins in Hilton contract 12:57 p.m.
- Clippers sign No. 1 pick Griffin 12:50 p.m.
- MLB fans feel priced out at ballpark 12:48 p.m.
- GM sale cleared 12:47 p.m.
- House passes food stamps bill 12:33 p.m.
- Utah man to serve 4 years for fraud 12:26 p.m.
- U.S. to launch $15B food initiative 12:06 p.m.
- Violence hits Iraq 12:04 p.m.
- What's it worth? 11:53 a.m.
- Blazers may offer Millsap a contract
- Utah's top 10: Wealth of recreation
- MWC, WAC rushed into BCS
- O'Connor unhappy Fes not with team
- Teen injured in fall from waterfall
- River flow marks birth of sanctuary
- Keeping golf light on the wallet
- Fatigued Jazz no match for Pacers
- Murder charge filed in shooting
- Jazz payroll is $3.1 million over tax
- Letters: Palin mistreated
134 - Teachers struggle with district cuts
133 - Bronco collecting a galaxy of recruits
132 - 'Tea party' protesters unhappy
107 - Fairness of BCS debated
81 - Stadium of Fire lights up the 4th
78 - Blazers may offer Millsap a contract
76 - Chaffetz eyes challenging Bennett
72 - Millsap not franchise player
70 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The night was balmy though buggy at SPOC, the Stansbury Park Observatory...
Gue: I got the Kirby book on Amazon for around 3 pounds.It's worth keeping...
To "wallofvoodoo | 12:39 p.m." read my 8:32 AM post. That is what I would...
Elder Holland’s advice to missionaries to listen to the Spirit first...
What's the difference between a "smart bomb" dropped from 15000 feet, and a...
It was not a coup. Everything was done legally. Please go to the Wall Street...
todd I want to agree with you about Dallas but I just can't. Kidd gets...
This writer is delusional if he thinks a single-payer, government-run health...
to re: lost in DC 8:52 "we" own public lands don't we? do you need a deed of...
Outside of PBS, television is for entertainment only. News agencies are...
Yes, all the non criminals, will be willing to stand in line to get...

