Franklin v. Access2Care LLC Macomb County Circuit Court, Case No. 2014-2932-NI June 16, 2015

Blanco Wilczynski PLLC obtained a summary disposition ruling from the Macomb County Circuit in a lawsuit alleging negligent operation of a medical transportation van. The firm’s client, Access2Care, provided logistical services by arranging for medical transports for patients pursuant to contract with a healthcare insurer. Plaintiff alleged that Access2Care was liable under a theory of “negligent entrustment”, when its transport subcontractor negligently operated a transport van and collided with another vehicle. Blanco Wilczynski filed for summary disposition, arguing that Plaintiff could not meet the legal elements of a claim of negligent entrustment. The Court issued a written opinion, holding that Plaintiff could not hold defendant Access2Care liable on a negligent entrustment theory and that the record was devoid of any evidence establishing that the subcontractor had committed a negligent act for which Access2Care could be held vicariously liable, entitling Defendant to dismissal with prejudice.

The case was handled by Orlando L. Blanco, who heads up the Firm’s Ambulance and Insurance Defense Practice Areas.