ETMC EMS Seeking to Have a Suit Against it Dismissed

TYLER – ETMC EMS, now called UT Health East Texas EMS, has filed a motion to dismiss a suit against them filed by Champion EMS, which is affiliated with Christus Trinity Mother Frances Health System. ETMC EMS, Smith County, the city of Tyler and the Smith County EMS Administrative Agency were sued in April for allegedly creating a monopoly. The action seeking to dismiss the suit was filed Wednesday in 241st State District Court in Tyler. Champion’s suit was a counterclaim filed in response to ETMC EMS suing Champion in May of last year. The original suit claimed Champion was infringing on ETMC EMS’ right to be the exclusive ambulance provider in most of Smith County.

Because Champion brought an identical lawsuit against ETMC EMS in federal court in 2003, and the case was dismissed, ETMC EMS wrote in Wednesday’s filing that Champion has caused “an undue waste of judicial resources.”

State District Judge Jack Skeen has set a hearing on whether to dismiss the case for July 19. ETMC EMS is seeking to have that hearing expedited.

Last week, the state Attorney General’s Office notified the court that it is considering whether to get involved. Under a state law, the attorney general is allowed to intervene in cases involving certain nonprofits.