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Brief Regarding the Liability of a 911 Dispatcher Who Fails to Send Help

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In this wrongful death case, the 911 dispatcher did not send help to a man who had been struck by a drunk driver and left to die on the side of the road. If the 911 dispatcher had done what he was supposed to do, the rescue team would have found either that the victim of the drunk driver was dead, or that the victim of the drunk driver was alive. If the victim of the drunk driver was already dead when rescue arrived, there would be no case against the 911 dispatcher. If the victim of the drunk driver was still alive, he would have been rescued and there would be no wrongful death case. It is only because Mr. Broschinski did not do what he was supposed to do, that we are here on this case.

The defense incorrectly claims that it is the plaintiff’s burden to prove exactly how long the victim of the drunk driver lived following the accident. Their position is that since Dr. Jason cannot specify the exact time of death, his testimony should be excluded. This position is not supported by the law and policy applicable where the defendant has created the specific circumstance presented in this case.