Estate of Nord v. Motorists Mutual, Unpublished Decision (11-26-2003)

{¶ 18} I respectfully dissent from the majority's decision to reverse the trial court's granting summary judgment for Motorists. The majority contends that the EMT's act of dropping the syringe could be viewed as arising out of the ownership, maintenance, or use of the ambulance and thus creates a genuine issue of material fact. In reaching this conclusion, the majority states that an "ambulance, by its very nature, is equipped with syringes for use by EMTs" and that "the presence of the syringe and the technician could be viewed as part and parcel of the ownership, maintenance or use of the…