Southwest Ambulance can fight AMR lawsuit

Bill Gang

Friday, Jan. 21, 2000 | 11:24 a.m.

A judge has ruled that Southwest Ambulance can fight a lawsuit filed by rival American Medical Response that blocks competition in Clark County.

Thursday's decision by District Judge James Mahan could bring a quick end to the controversy between the two ambulance firms.

Southwest Ambulance attorney Todd Bice said he will file a motion next week to dismiss the AMR lawsuit that wants a court to preserve its monopoly hold on the Southern Nevada market.

Mahan said he would entertain a request for an expedited handling of the case.

AMR filed the lawsuit against Clark County in December accusing county commissioners of violating its ambulance franchise code.

The legal action also seemed to send a not-so-subtle message to the cities of Las Vegas and North Las Vegas that litigation against them could follow if they also embraced Southwest Ambulance.

Paul Larsen, AMR's lawyer, called that "a mischaracterization" and also denied claims that the emergency service provider also wants to avoid a rapid end to the controversy because the company is for sale and worth considerably more as a monopoly.

Larsen said he welcomed Southwest Ambulance's participation in the lawsuit but said it should be as a "friend of the court" to provide supporting documents rather than a direct participant capable of generating motions.

Bice told Mahan at Thursday's hearing that Southwest Ambulance's interests couldn't be represented by Clark County, and Deputy District Attorney Victor Priebe agreed.

The judge decided Southwest Ambulance should have the larger role in the legal action.

AMR's lawsuit claims the application from Southwest Ambulance was accepted by the County Commission even though it did not meet requirements specified by the county franchise code.

Larsen said in the lawsuit that Southwest's application never proved a need for a second ambulance service and failed to describe in detail the company's equipment, vehicles or the setup of its dispatch center as the code requires.

"The application admitted that Southwest Ambulance effectively has no ambulance equipment or employees, except for two demonstration ambulances," the lawsuit says.

Larsen insisted the lawsuit is solely about the County Commission's Dec. 7 decision that could allow former AMR administrators John Wilson and Sharon Henry to start their own company and compete with AMR. But the timing of the lawsuit and subsequent press conference raised questions.

"This is a lawsuit to prevent a third more ambulances from being on the road," Wilson said after the lawsuit was filed.

He noted that AMR is for sale by its parent company Laidlaw Inc.

"It's transparent that this is nothing more than a delay tactic. AMR is worth a lot more as a monopoly than it is if there are two providers."

Las Vegas and North Las Vegas, whose franchise agreements with AMR are identical to the county's contract, are also being asked to consider applications from Southwest ambulance.

But if they do, they could find themselves to be the targets of similar lawsuits.