Are you Liable?(now with pic)

NYSpeed Automotive NYSpeed Off Topic
1

If you attempt to react to save someone’s life but in the process that person was injured? I know there have been a lot of supreme court rulings going both ways but I will never fully comprehend people that sue someone for trying to save their life.

             <b>Calif. Court: Would-be Good Samaritan can be sued</b>

         
                          By PAUL ELIAS
             Thursday, December 18, 2008 7:45 PM EST
                                   LOS ANGELES - 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. 
                                                                    ![http://auburnpub.com/articles/2008/12/18/ap/regional/us/d955do584.txt](http://auburnpub.com/articles/2008/12/18/ap/regional/us/d955do584.txt)                                                                               
                 
                  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.

A service of the Associated Press(AP)

2

This case might not be the best example being that they don’t go too far into detail about what exactly happened but it still amazes me that this girl is being sued by her “friend”

3

Holy fuck…I feel retarded for even reading that…some fuckin friend. She deserves to be paralyzed ungrateful bitch.

4

The american way pass the blame to make a buck.

5

I guess in california your just supposed to leave em to die. Color me surprised.

6

quick search and I found a little more:

Alexandra Van Horn and her friends were relaxing, smoking pot at Lisa Torti’s house. They all went to a bar about 10 p.m. and left just before closing time.
They were in two cars. Van Horn was a passenger in the first vehicle and Torti a passenger in the second vehicle, following closely behind.

Car Crash
The first vehicle spun out and crashed into a curb and light standard at about 45 mph. The front airbags deployed.
Torti in the second vehicle ran up and fearing the car was going to “blow up,” removed Van Horn from the crashed car. Torti said she cradled and carefully lifted her friend out of the car. Van Horn said Torti grabbed her and pulled her out of the car “like a rag doll.”
Van Horn was so appreciative of Torti’s extracting her from the vehicle, she sued her good friend. She claimed Torti caused permanent damage to her spinal cord, rendering her a paraplegic.

Emergency Medical Care Law
Torti defended Van Horn’s lawsuit citing the law that protects emergency caregivers from liability, which reads: “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered.”
The trial court ruled in favor of Torti, finding her immune from her friend’s lawsuit under the emergency care statute. I.e. removing Van Horn from the car is medical care like administering CPR — the medical caregiver is 100 percent protected — even if they screw up — even if they are negligent.

Good Samaritan Law
Van Horn, the rescued person, appealed to the Court of Appeal claiming that Torti did not render emergency medical care, but merely pulled her from the vehicle — as she said — dragged her from the vehicle, further worsening her spinal injury. I.e. there is no emergency medical care immunity. The court then looked at California’s Good Samaritan law.
California has a Good Samaritan law, a different law protecting rescuers: Generally that no one has a duty to come to the aid of another unless there is some special relationship between the rescuer and the rescued; and if anyone volunteers to assist another, that volunteer is not liable, even if negligent, unless he/she increases the risk of the injured person’s harm or the harm is suffered because the injured person relies upon the volunteer.
The Good Samaritan law provides less protection to a rescuer than the emergency medical caregiver law.

Dueling Laws
The issue in the Van Horn v. Torti case is which law applied — the absolute emergency medical caregiver law or the lesser Good Samaritan law. Under the Good Samaritan law, Torti would be liable if she increased the risk of harm to Van Horn, such as dragging her out of the car “like a rag doll” when she had an injured back.
On the other hand, if Torti rendered emergency medical care to Van Horn, Torti is completely immune from liability, rag doll dragging or not.

Ruling
The Court of Appeal found that Torti did not provide emergency medical care to Van Horn, so she was not fully immune from a lawsuit. Unlike performing CPR or splinting a broken arm or back, pulling someone from a car crash is not emergency medical care — or so ruled the Court of Appeal.
It is up to a jury to determine whether Torti was or was not negligent in how she removed Van Horn from the car and whether her actions further injured her (former) friend. Van Horn’s suit was reinstated.

Editorial Comment
I tend to think the Court of Appeal got this one wrong. Torti should be protected as a person who in good faith rendered emergency medical care at the scene of an emergency, which immunity is more protective than the limited Good Samaritan law.
The moral here is if you are rescuing/helping someone in an emergency, be sure and administer some medical care. Carry Band-Aids!
The case is being reviewed by the California Supreme Court, so we will know in a few months.

7

I think people should be sued by the state for dumb shit. It’s a good way to balance the budget and would make people like this girl think twice before they do dumb shit. How in the fuck can you sue your “friend” for stopping and trying to save your life while possibly risking your own??!? I am completely baffled.

8

Ugh. I don’t even want to comment…

9

yea i thought there was some kind of law that you had to attempt to help people if they are hurt… and now you can get sued if you don’t do it the right way!!! fuck this world and the greedy assholes in it

10

So I guess Torti should be charged with attempted manslaughter since they were smoking pot at her house and as a result this accident occurred lol

11

happy holidays

12

Torti’s care may have caused a small gust of wind to occur causing Van Horn’s car to spin out of control and slam into the poll…Attempted Vehicular Manslaughter?

13

shouldn’t have been driving a VW… dumbass.

14

Looks like a dodge spirit to me?

15

yeah it definetly wasn’t the car wreck it was clearly the removal from the car…stupid bitch

16

does not look like it was on fire, so it wasnt going to explode.
If I was in a wreck and some random non ems person tried pulling me out of a non burning car, id sue the shit out of them.

17

I don’t think most people could pull you out of a car :wink:

18

i believe that if ur certified in nys the good Samaritan law protects you. but if ur not ur SOL i think not 100% sure

19

even worse.

20

If you are certified as an Emt then it does, but it is no longer the good Samaritan law, it’s the medical professional’s law or whatever it is called.