Zito v. Advanced Emergency Medical Services, Inc.
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In 2006, an ambulance belonging to Advanced Emergency Medical Services, Inc. (“Advanced”) was traveling southbound on Louisiana Highway 23, a four-lane highway in Plaquemines Parish. Due to transmission problems, the ambulance became disabled, and was parked on the shoulder of the highway. Later that evening, Plaintiff Jeryd Zito was driving southbound in the right-hand lane of Highway 23 in his pickup truck. He struck the left rear corner and left side of the ambulance. Plaintiff filed suit against Advanced and its insurer, Empire Indemnity Insurance Company. The issue before the Supreme Court was whether the district court erred in assessing 100% of the fault to Advanced (and Empire) for the accident. Upon review of the trial court record, the Supreme Court concluded the district court's factual findings were manifestly erroneous, and therefore reversed the court's judgment and remanded the case for further proceedings.
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