Cueto allows former EMT's suit over firing to go forward

Amelia Flood Oct. 29, 2010, 8:59am


St. Clair County Circuit Judge Lloyd Cueto has allowed a former EMT's suit against ambulance company Mission Care to continue.

Plaintiff Jason Hayes is suing his former employer for firing him after he punched a patient in what Hayes claims was self defense.

Mission Care had moved to dismiss Hayes' second amended complaint claiming that it has the right to fire any one of its employees if it wants.

The defendant had also argued that Hayes' suit doesn't plead the specific public policy that would protect his actions.

A previous complaint in the suit was dismissed without
prejudice prior to the amended complaint's filing.

According to his complaint, Hayes and his fellow EMTs were attempting to take a combative male patient to the hospital in January 2008 when the patient became violent.

Hayes eventually punched him, claiming self defense and that he was protecting others.

Hayes claims he was then fired unfairly.

The suit seeks damages in excess of $50,000 and other relief.

In his response to the motion to dismiss the second complaint, Hayes argues that the right to self defense is well established in Illinois public policy.

He also cites assisting the police, performing a public duty and protecting the safety of others.

According to Cueto's Oct. 18 order, the judge heard arguments on the motion Oct. 13.

Cueto then took the matter under advisement before finding in Hayes' favor.

Morgan Scroggins represents Hayes.

Erick Van Dorn represents Mission Care.

The case is St. Clair case number 10-L-20.

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