A divided Michigan Supreme Court has allowed a paralyzed gunshot victim to move ahead with her lawsuit against a Detroit 911 operator who asked if she was "a mental patient" when she called for help.
In a 4-3 order released on Wednesday, the majority denied the appeal of dispatcher Kimberly Langford in one sentence. That means Lorraine Hayes' lawsuit for intentional infliction of emotional distress can go to trial.
Hayes, a Detroit resident, twice called 911 on Jan. 12, 2005, after being shot by a boyfriend or ex-boyfriend. She was paralyzed from the waist down by the gunshots.
In the first call, Hayes calmly asked for an ambulance, giving her address and saying she had been shot in the head. The operator asked if she was male or female and Hayes stumbled, first saying she was male and then correcting herself. "My body is numb. I'm getting ready to die," Hayes said at one point.
After some more questions, the operator asked, "Are you a mental patient?"
The operator said she did not believe Hayes would be able to call if she was shot in the head and told her she would get in trouble for making a false report. Despite her doubts, the operator sent police to the address.
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