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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Abbott EMS claims it was right to fire EMT who allegedly punched patient

Cueto

An ambulance company being sued by a former EMT who claims he was wrongly fired for punching a combative patient claims it did not violate any public policy when it ended the plaintiff's employment.

Misson Care, doing business as Abbott EMS, filed its answer and affirmative defenses to plaintiff Jonathan Hayes' amended complaint.

Hayes is suing Misson Care for what he claims was his wrongful firing after he punched a combative patient in self defense.

Mission Care had previously tried to have the suit dismissed.

St. Clair County Circuit Judge Lloyd Cueto denied that move last year.

In the May 10 answer, Mission Care denies it wrongly fired Hayes.

The ambulance company also contends that Hayes does not have the standing to bring his claims and that he fails to state a claim for relief.

Other affirmative defenses filed by the company include the defense of estoppel and the defense that the company had the right to fire Hayes when it chose because he was an at-will employee.

Hayes answered the answer 17 days later.

He denies Mission Care's defenses.

Morgan Scroggins represents the plaintiff.

Erick Van Dorn represents Mission Care.

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

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