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Doe v. Doe

289 Mich. App. 211, 809 N.W.2d 163 (2010)

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Doe v. Doe

Michigan Court of Appeals

289 Mich. App. 211, 809 N.W.2d 163 (2010)

Facts

A minor female was transported by ambulance to a psychiatric hospital by two emergency medical technicians (EMTs) from Superior Ambulance Service (Superior) (defendant), Timothy O’Connell (defendant) and Matt DeFillippo. O’Connell drove the ambulance while DeFillippo rode in the back of the ambulance with the child. During the ride to the hospital, O’Connell suspected that DeFillippo was sexually molesting the child. O’Connell called his supervisor for instructions about how to address his suspicions. O’Connell’s report to his supervisor prompted a police investigation. DeFillippo was charged with criminal sexual conduct and pleaded guilty. John and Jane Doe (plaintiffs) sued O’Connell and Superior, arguing that they had the duty to report DeFillippo’s abuse of the minor patient to child protective services in addition to reporting the incident to police. O’Connell and Superior moved for summary judgment, arguing that the mandatory reporting requirements did not apply because DeFillippo was not the minor patient’s parent, guardian, nonparent adult, teacher, or clergyman. The trial court denied O’Connell and Superior’s motion to dismiss. O’Connell and Superior appealed.

Rule of Law

Issue

Holding and Reasoning (Talbot, J.)

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