By Kathleen Leese
For Miami Valley Today
PIQUA — Spirit Medical Transport LLC, of Greenville, has filed a lawsuit in Miami County Common Pleas Court against the city of Piqua and Piqua City Manager Paul Oberdorfer.
The lawsuit states misinformation allegedly shared by Oberdorfer has had a “potential life-threatening impact” on Springcreek Township residents as well as citizens who rely on the city of Piqua EMS and Fire services and Spirit Medical Transport to respond in EMS related emergencies. It alleges the city of Piqua and Oberdorfer have interfered in the contract between Spirit Medical Transport and the Springcreek Township Trustees, among other claims.
The 13-page lawsuit, filed on May 15, that is set to be heard by Miami County Common Pleas Court Judge Jeannine N. Pratt, is the result of a disputed contract initially signed by Springcreek Township Trustees and Spirit Medical Transport. The contract was later rescinded after Springcreek Township residents demanded for the trustees to enter a contract with the city of Piqua for EMS and fire services. Spirit Medical Transport is represented by attorney Krista Warren, of Brennan, Manna & Diamond, Columbus.
The lawsuit states Spirit Medical Transport is licensed by the state of Ohio to provide Advanced Life Support (ALS) and Basic Life Support (BLS) ambulance services. The lawsuit alleges that in March 2022, Spirit joined a mutual aid agreement as part of the Greater Dayton Area Fire Departments, which the lawsuit states “provide additional resources in a timely manner when there is a critical shortage of resources in a jurisdiction.”
The lawsuit further alleges the city of Piqua proposed a rate increase of 93% for providing fire and EMS services to Springcreek Township and as a result, the Springcreek Township Trustees decided to enter a contract with Spirit Medical Transport. The lawsuit notes Robert Black, who was the Springcreek Township Fiscal Officer at the time (whose term has since ended), “issued a letter to the Miami County Communication Center stating Spirit Medical Transport had entered an agreement to provide ambulance services” to Springcreek Township through Dec. 31, 2025.
In response to the letter, the lawsuit alleges Oberdorfer sent an email to the Springcreek Township Trustees stating that services from the city of Piqua were set to expire on Jan. 30, 2024, and “unless the notice of cancellation is rescinded and the proposed contract is executed, the city of Piqua will not provide mutual aid EMS services to Spirit, a for-profit firm.”
Springcreek Township then entered negotiations and into a contract with the city of Piqua to provide services. However, in a letter from Tom Hill, president of the Springcreek Township Trustees to the Miami County Communications Center, Hill asked, “Spirit EMS be immediately added to the response tables for Springcreek Township, to be dispatched as the next agency whenever the city of Piqua cannot respond or requires mutual aid for ambulance services.”
Hill’s letter also stated that Spirit was to serve as the “secondary ambulance provider through Dec. 31, 2025.”
The lawsuit states the Springcreek Township Trustees, during negotiations with the city of Piqua, proposed that Spirit Medical Transport would be the “first call mutual aid ambulance service for Springcreek Township” and that on March 9, 2024, Oberdorfer responded by stating, “mutual aid response is at the discretion of the fire chief. Spirit EMS does not have an acceptable proven response record, and the current Spirit EMS contract is short-staffed. The proposed mutual aid with a for-profit entity not properly staffed or equipped to support Piqua Fire Department personnel creates unknown liabilities.”
The lawsuit claims the city of Piqua “has stated its failure to comply with the terms, conditions, and duties of the mutual aid agreement,” has breached the mutual aid agreement, and requests the court to find both Spirit and the city of Piqua should provide mutual aid to residents of Springcreek Township.
The lawsuit further alleges “tortious interference with a contract” and states the “Spirit-Springcreek agreement is a valid and binding agreement,” that “Oberdorfer and Piqua intentionally procured a breach of the Spirit-Springcreek agreement” and that “Spirit has been damaged as a direct … result of defendants’ actions.”
Additionally, the lawsuit alleges “tortious interference with a business relationship” and states Oberdorfer and the city of Piqua’s “intentional interference caused a breach of the relationship” with Springcreek Township, causing Spirit to be damaged.
The lawsuit alleges “false light” on the part of Oberdorfer, claiming the Piqua city manager “described Spirit as having an unacceptable proven track record, being short-staffed, and creating unknown liabilities.” It states “Oberdorfer either knew or acted with reckless disregard with respect to the false light in which his statements portrayed Spirit.”
Spirit Medical Transport is asking for the Court to enforce the mutual aid agreement between Piqua and Spirit, and, that among other claims, “Piqua cannot refuse to provide Spirit with mutual aid if/when necessary.”
Spirit is asking that on count one, declaratory judgment, the court award Spirit a declaration the Mutual Aid Agreement is valid and binding and that among other things, “Piqua’s refusal to consider offering mutual aid to Spirit would be a violation of the mutual aid agreement.”
On count two, tortious interference with a contract, Spirit asks for an amount “exceeding $20,000 to be proven at trial, plus pre and post judgment interest, costs, and reasonable attorneys’ fees.
On count three, tortious interference with a business relationship, Spirit asks for an amount exceeding $20,000 to be proven at trial, pre and post judgment interest, costs and reasonable attorney fees.
Regarding count four, Spirit asks for “injunctive relief prohibiting Oberdorfer from making statements relative to Spirit portraying Spirit in a false light” and judgment in favor of Spirit and against Oberdorfer in an amount “exceeding $20,000 to be proven at trial, pre and post judgment interests, costs, and reasonable attorney fees” as well as all other relief for which Spirit may be eligible.
Oberdorfer provided the following statement to Miami Valley Today regarding the lawsuit:
“City of Piqua officials are aware of the recent lawsuit filed against the municipality. We will review filings and respond accordingly. Given that this is an ongoing legal matter, we are limited in what information we can share at this time. We will share additional information to the public as we are able.”
Brian Hathaway, president/CEO of Spirit Medical Transport, also provided the following statement on the matter:
“Spirit EMS is a party to the Greater Dayton Area Fire Department’s mutual aid agreement. The purpose of mutual aid is to protect the public when one jurisdiction experiences a critical shortage of resources. Spirit EMS is committed to upholding its mutual aid obligations and ensuring preparedness for those we serve across jurisdictional boundaries. Regrettably, the city of Piqua has made it clear that it will not honor its mutual aid obligations to Spirit EMS. As a result, Spirit EMS was forced to seek court intervention in the filing now before the Miami County Court of Common Pleas, which outlines our position and the events that brought us to this point in greater detail. Spirit EMS will continue to faithfully serve and protect our community and fulfill our mutual aid obligations while we seek a timely resolution to this dispute to ensure the public has uninterrupted access to emergency services.”
The lawsuit was brought up during the Springcreek Township meeting on Tuesday, May 28, when township resident Sam Robinson asked about the litigation. Hill responded that while the trustees have not yet been named a co-defendant in the case, “we might be named.” Following the meeting, Hill said he could not make any other comments about the lawsuit.
According to court documents, the city of Piqua and Oberdorfer have 28 days to respond to the lawsuit.
The writer is a regular contributor to Miami Valley Today.
