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12-19-08, 12:19 AM #1
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.
12-19-08, 12:22 AM #2
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
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12-19-08, 01:42 AM #3
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.
12-19-08, 02:10 AM #4
civil law in this country is messed up......
12-19-08, 01:29 PM #5
Note to self - no rendering assistance in California.I'm your huckleberry...
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12-19-08, 09:27 PM #6
Car's on fire? Guess you had better get yourself out fore you burn.
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12-19-08, 10:34 PM #7
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
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12-20-08, 01:03 AM #8
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.
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12-20-08, 01:22 AM #9
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?
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12-20-08, 10:56 AM #10
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.
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