Judge Gookin rules in favor of ambulance service agency

FAIRFIELD – A district court judge has sided with the Jefferson County Ambulance Service Agency, ruling that CARE Ambulance must fulfill its contract with the service agency.

Judge Myron Gookin issued his ruling in the case Wednesday, Jan. 11, stating that CARE had breached its contract with the ambulance service agency, and that it must comply with the three-year contract the two sides entered into starting Oct. 1, 2020.

During a hearing on Jan. 3, attorneys from the ambulance service agency argued that CARE was violating the contract by not having two Advanced Life Support ambulances on hand at all times, which the contract requires. CARE’s owner, Bob Libby, and attorney, Steven Ort, did not deny this charge, stating that it was only possible to staff one ambulance fulltime and another for 12 hours per day. However, they argued that fulfilling the contract was impossible because of a lack of paramedics, and that CARE should not be held responsible for factors outside its control, which included increased costs from the pandemic.

“The nature of the services which CARE contracted to provide through the Ambulance Agency relate to and include the transfer and treatment of Jefferson County residents in medical distress under emergency circumstances,” Gookin wrote in his ruling. “The court concludes that to breach a contract for such services would likely cause great or irreparable harm to the beneficiaries of the contract, namely, the citizens of Jefferson County.”

Gookin wrote that he was maintaining the temporary injunction the ambulance service agency had asked for.

“The greater potential injury is to the citizens of Jefferson County, as compared to CARE, and weighs in favor of continuation of the temporary injunction,” he wrote.

The two sides will now attempt a resolution of their dispute through a mediator while the injunction is in effect. Gookin scheduled a review hearing for Feb. 27 at the Jefferson County Courthouse, which will be limited to 30 minutes.

During a December meeting between representatives of CARE Ambulance and the Jefferson County Ambulance Service Agency, CARE’s operations manager, Chris Bodenstadt, said that a team of traveling paramedics who had been working for CARE would leave by the first week in January, and after that time the company would have only two paramedics left to cover Jefferson County. This is relevant because in order for an ambulance to administer medicine or an IV, and qualify as Advanced Life Support, it must have at least one paramedic on board. Bodenstadt said he has looked far and wide for paramedics, and has encouraged the company’s EMTs to get paramedic certification, but so far his efforts have been unsuccessful.

Call Andy Hallman at 641-575-0135 or email him at andy.hallman@southeastiowaunion.com