Supreme Court limits Wisconsin's Good Samaritan immunity.

• Author: Ziemer, David

Byline: David Ziemer

Wisconsin's Good Samaritan Law only gives immunity to those providing emergency care "until professional medical attention is available."

The Wisconsin Supreme Court on May 25, affirming a published decision of the court of appeals, Mueller v. Mc-Millian Warner Ins. Co., 2005 WI App 210, 704 N.W.2d 613, held that, where the defendant merely monitored an injured person for six or seven hours, without making any attempt to obtain professional care, the defendant did not render "emergency care" and is not immune from suit alleging negligence.

Merlin and Stephani Switlick are the parents of Apollo Switlick. The Switlicks were hosting a party on property they owned in Lincoln County, when Apollo and his girlfriend, Lina M. Mueller, were injured in an ATV accident around 11 p.m.

Both were bleeding and both vomited. Mueller went inside the house and wanted to lie down on the bathroom floor. Ms. Switlick persuaded her to lie down on a bed in one of the bedrooms instead. Ms. Switlick testified she awoke her approximately every hour to check on her.

Throughout the night, Mueller was able to respond coherently to Ms. Switlick's questions, but in the morning, after she had been in bed for approximately six to seven hours, Mueller was disoriented and responded to Ms. Switlick's questions by addressing her as "mom."

As a result of Mueller's confusion, Ms. Switlick called for an ambulance. Mueller suffered serious, continuing injuries.

Mueller sued the Switlicks, alleging they were negligent in providing alcohol to their minor son, in failing to convey her to a hospital, in preventing her from obtaining medical treatment, and in failing to seek help for her.

Marathon County Circuit Court Judge Vincent K. Howard entered judgment in favor of the defendants, ruling that the Good Samaritan Law, sec. 895.48(1), confers immunity on them for their actions.

Mueller appealed, and the court of appeals reversed. The Supreme Court granted review, and affirmed the court of appeals in a decision by Chief Justice Shirley S. Abrahamson.

Sec. 895.48(1)

The statute provides in relevant part: "Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care."

The three elements of the defense are:

(1) Emergency care must be rendered at the scene of the emergency;

(2) The care rendered must be emergency care; and

(3) Any...