Main Menu

Rochon v. City of Nome

TORT LAW
Supreme Court of Alaska (2025)
Teddy Brodsky

In Rochon v. City of Nome, 568 P.3d 8 (Alaska 2025), the Supreme Court of Alaska held that municipalities are immune from liability when providing gratuitous emergency services outside of city limits. (Id. at 17). After he was injured in a single-vehicle accident 35 miles outside Nome, Rochon sued the City and an emergency responder for negligently providing assistance and aggravating his injuries. (Id. at 12). Rochon claimed that the emergency worker failed to adequately secure him in the ambulance, exacerbating his injuries. (Id.). He alleged that the City of Nome was vicariously liable for the emergency worker’s conduct and additionally sued for negligent hiring, supervision, and training, seeking over $100,000 in damages. (Id.). Rochon filed a separate lawsuit against a woman he claimed had provided alcohol to the underage driver of the ambulance, and the superior court consolidated the two cases. (Id.). The ambulance department charged Rochon $1,775 for its services, its standard rate. (Id.). The City offered Rochon $7,500 to resolve the lawsuit, but Rochon did not reply to the offer. (Id.). Summary judgment and attorneys’ fees were subsequently granted for the City. (Id. at 13). Rochon appealed the superior court’s summary judgment and attorneys’ fees award, both of which the Supreme Court of Alaska affirmed. (Id.). Alaska law immunizes municipalities and their agents from lawsuits based on their performance during the gratuitous extension of municipal services. (Id. at 14). Because the City had no obligation to provide ambulance services 35 miles away but charged Rochon the standard fare, the service was gratuitous. (Id. at 17). The Supreme Court of Alaska also affirmed the award of attorneys’ fees. (Id. at 18). The Court noted that the City proposed to Rochon a $7,500 settlement offer, but Rochon received $0 in the final judgment. (Id.). Under Rule 68, a party that declines an offer of judgment must pay some part of the offering party’s attorneys’ fees if the final judgment is at least 10% less favorable to him than that offer. (Id.). Affirming the superior court’s decision, the Supreme Court of Alaska held that municipalities are immunized from liability for providing gratuitous emergency services outside of city limits. (Id. at 17).

Rochon v. City of Nome

TORT LAW
Supreme Court of Alaska (2025)
Teddy Brodsky

In Rochon v. City of Nome, 568 P.3d 8 (Alaska 2025), the Supreme Court of Alaska held that municipalities are immune from liability when providing gratuitous emergency services outside of city limits. (Id. at 17). After he was injured in a single-vehicle accident 35 miles outside Nome, Rochon sued the City and an emergency responder for negligently providing assistance and aggravating his injuries. (Id. at 12). Rochon claimed that the emergency worker failed to adequately secure him in the ambulance, exacerbating his injuries. (Id.). He alleged that the City of Nome was vicariously liable for the emergency worker’s conduct and additionally sued for negligent hiring, supervision, and training, seeking over $100,000 in damages. (Id.). Rochon filed a separate lawsuit against a woman he claimed had provided alcohol to the underage driver of the ambulance, and the superior court consolidated the two cases. (Id.). The ambulance department charged Rochon $1,775 for its services, its standard rate. (Id.). The City offered Rochon $7,500 to resolve the lawsuit, but Rochon did not reply to the offer. (Id.). Summary judgment and attorneys’ fees were subsequently granted for the City. (Id. at 13). Rochon appealed the superior court’s summary judgment and attorneys’ fees award, both of which the Supreme Court of Alaska affirmed. (Id.). Alaska law immunizes municipalities and their agents from lawsuits based on their performance during the gratuitous extension of municipal services. (Id. at 14). Because the City had no obligation to provide ambulance services 35 miles away but charged Rochon the standard fare, the service was gratuitous. (Id. at 17). The Supreme Court of Alaska also affirmed the award of attorneys’ fees. (Id. at 18). The Court noted that the City proposed to Rochon a $7,500 settlement offer, but Rochon received $0 in the final judgment. (Id.). Under Rule 68, a party that declines an offer of judgment must pay some part of the offering party’s attorneys’ fees if the final judgment is at least 10% less favorable to him than that offer. (Id.). Affirming the superior court’s decision, the Supreme Court of Alaska held that municipalities are immunized from liability for providing gratuitous emergency services outside of city limits. (Id. at 17).