Welcome to the APBWeb.
Results 1 to 10 of 10
  1. #1
    Terminator's Avatar
    Terminator is offline BANNED
    Join Date
    12-03-05
    Location
    None of your business
    Posts
    16,064
    Rep Power
    0

    California's Supreme Court ruled that the state's Good Samaritan law only protects people from liability if the are administering emergency medical ca

    Proving that no good deed goes unpunished, the state's high court on Thursday said a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car "like a rag doll" can be sued.
    California's Supreme Court ruled that the state's Good Samaritan law only protects people from liability if the are administering emergency medical care, and that Lisa Torti's attempted rescue of her friend didn't qualify.
    Justice Carlos Moreno wrote for a unanimous court that a person is not obligated to come to someone's aid.
    "If, however, a person elects to come to someone's aid, he or she has a duty to exercise due care," he wrote.
    Torti had argued that she should still be protected from a lawsuit because she was giving "medical care" when she pulled her friend from a car wreck.
    Alexandra Van Horn was in the front passenger seat of a car that slammed into a light pole at 45 mph on Nov. 1, 2004, according to her negligence lawsuit.
    Torti was a passenger in a car that was following behind the vehicle and stopped after the crash. Torti said when she came across the wreck she feared the car was going to explode and pulled Van Horn out. Van Horn testified that Torti pulled her out of the wreckage "like a rag doll." Van Horn blamed her friend for her paralysis.
    Whether Torti is ultimately liable is still to be determined, but Van Horn's lawsuit can go forward, the Supreme Court ruled.
    Beverly Hills lawyer Robert Hutchinson, who represented Van Horn, said he's pleased with the ruling.
    Torti's attorney, Ronald Kent of Los Angeles, didn't immediately return a telephone call for comment.

  2. #2
    Pudge's Avatar
    Pudge is online now Site Admin
    Verified LEO
    Super Moderator
    Join Date
    12-04-05
    Location
    Ohio
    Posts
    10,320
    Rep Power
    8591417
    Damned if you do, damned if you don't.


    Had she not pulled the girl from the car and something more severe happened, her family would likely sue over her death.
    "Like" us on facebook! https://www.facebook.com/pages/Offic...93147194083228

    Follow members of O/R as they tweet a "Ride a long" on their shifts on the front page of the site and on twitter at the following links:

    www.twitter.com/PoliceRideAlong
    www.twitter.com/lewisipso
    www.twitter.com/ORgopher
    www.twitter.com/SecondChance122
    www.twitter.com/pojmm
    www.twitter.com/ORGIB

    The opinions given in my posts & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Pudge" on Officerresource.com

  3. #3
    SPD's Avatar
    SPD
    SPD is offline Corporal
    Verified LEO
    Join Date
    11-30-08
    Location
    OK
    Posts
    839
    Rep Power
    1463197
    Another reason California needs to be nuked into a big freaking self-illuminated parking lot. That place has to be the biggest collection of legal retards on the planet by a factor of at least 100.

  4. #4
    JAYBIRD33081's Avatar
    JAYBIRD33081 is offline CAT: THE OTHER WHITE MEAT
    Supporting Member Lvl 3
    Join Date
    01-10-08
    Location
    Eagan, MN
    Posts
    403
    Rep Power
    27399
    civil law in this country is messed up......

  5. #5
    MacLean's Avatar
    MacLean is offline O/R Gun mod
    Verified LEO
    Super Moderator
    Join Date
    09-05-07
    Location
    Washington State
    Posts
    11,802
    Rep Power
    4584773
    Note to self - no rendering assistance in California.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  6. #6
    armsmaster270's Avatar
    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
    Verified LEO
    Join Date
    08-11-07
    Location
    Sacramento, CA
    Posts
    2,441
    Rep Power
    369108
    Car's on fire? Guess you had better get yourself out fore you burn.


    Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy

    http://www.armsmaster.net-a.googlepages.com

  7. #7
    BigDawg's Avatar
    BigDawg is offline K-9 Officer
    Verified LEO
    Site Moderator
    Join Date
    06-15-06
    Location
    So. Florida
    Posts
    5,312
    Rep Power
    1659728
    So let me see if I have this right.

    If you help someone out of a wrecked car that is on fire and they become paralyzed then your not covered.

    If they are already out of a wrecked car and you attempt to render first aid and they become paralyzed then you are covered.

    Obsolutly fu**ing idiotic.
    "An Unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Jeff Cooper


    Some people are meant to be the police......Some people are meant to call the police!!!

    "Socialism only works in two places: Heaven where they don't need it and hell where they already have it."
    -Ronald Reagan


    " I believe that forgiving them (Terrorist) is God's function. OUR job is to arrange the meeting."
    General Norman Schwartzkopf

    Not all Muslims are Terrorists, but all Terrorists are Muslim.
    (author unknown)


    The statements posted by BigDawg DO NOT reflect the opinions, views, policies, or procedures of the author's employing agency. These statements are the personal opinions of BigDawg only, thereby releasing my agency of any liability, or involvement in anything posted under the user name of BigDawg. The opinions expressed by BigDawg are protected by the 1st Amendment of the U.S. Constitution. BigDawg’s messages are intended to invoke thought and discussion among the "Officer Resources" forum community and may not necessarily reflect the opinion of the author. BigDawg’s posts and any attachments are intended for an adult audience (18+) and may contain strong language, sexual content, nudity, violence, and may be graphic in nature. Some material may be considered offensive; reader discretion is advised. Please note that many of BigDawg’s posts are intended for entertainment value only. BigDawg’s posts are not intended to be used where prohibited by law. Furthermore, BigDawg's posts, and any attachments, may contain information covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential and proprietary in nature. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner.

  8. #8
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
    Join Date
    12-29-05
    Location
    Dallas Area
    Posts
    5,528
    Rep Power
    3224964
    Wouldn't this open up police officers and fire department emergency personel to lawsuits too, if they mis-judged a situation? That's F'd up.

    (\__/)
    (='.'=) This is Bunny. Copy and paste Bunny into your
    (")_(") signature to help him gain world domination.

  9. #9
    Shoestring's Avatar
    Shoestring is offline Please dont check the trunk...
    Verified LEO
    Authorized Vendor
    Join Date
    09-20-07
    Location
    Madison ish, WI
    Posts
    2,799
    Rep Power
    799035
    Quote Originally Posted by TXCharlie View Post
    Wouldn't this open up police officers and fire department emergency personel to lawsuits too, if they mis-judged a situation? That's F'd up.
    Police should still have civil immunity unless they commit a crime (If they have that in their statues which I dont know they would if their other statue is so messed up)

    This is 100% percent bullshit, someone is looking for money.................... and looking for someone to point blame at.
    Somebody Please, what the hell is that smell?

    "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."

    The views, opinions, stupid off the cuff comments, mouthy, obnoxious, thoughtless, etc etc etc are not always or even some of the time the belief of my department, so bugger off!

  10. #10
    bayern's Avatar
    bayern is online now Officer First Class
    Verified LEO
    Join Date
    04-19-06
    Location
    Dixie
    Posts
    1,765
    Rep Power
    1392798
    Each State is different. Thank God South Carolina is saner then most on this subject. If your trying to help, your covered, unless you are commiting a felony.

 

 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •