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No Good Deed Goes Unpunished

CA court clears the way for a paralyzed woman to sue the person who came to her rescue.

  • Ninjzz
  • posted by Ninjzz
  • Date 12/20/2008 11:16:24 PM
  • Views: 5634
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15 Comments

Current View: 15 / Show all Comments

Ninjzz : LVL 36: VP 4.4: said:

Ninjzz

12 votes NegativePositive

322 days 18 hours ago...

BACK STORY
--------------------------
Associated Press Writer Paul Elias, Associated Press Writer – Thu Dec 18, 6:22 pm ETLOS 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.

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.

stbasdf : LVL 38: VP 4.6: said:

stbasdf

30 votes NegativePositive

322 days 17 hours ago...

hmm i don`t know the full story of the rescue so i can`t make a judgement on whether the friend did something wrong, but suing her seems extreme to me. but i guess there could be people who go about rescues incorrectly, like peter griffin trying to give unneccesary CPR. but he`s a cartoon character

tones_420 : LVL 23: VP 3.2: said:

tones_420

50 votes NegativePositive

322 days 17 hours ago...

its lose/lose. you pull her from the car, she sues you saying u were the reason for her being a paraplegic. you dont pull her from the car and she find a reason to sue you for deserting her and you are a coward in the eyes of society.

draser : LVL 38: VP 4.6: said:

draser

48 votes NegativePositive

322 days 17 hours ago...

The good news is she can probably sue her back for some bullshit reason.

HairyLikeAnimal : LVL 30: VP 3.9: said:

HairyLikeAnimal

49 votes NegativePositive

322 days 16 hours ago...

was the victim trying to stop him from saving her at the time? like was she saying "no no dont, just leave me" and he pulled her anyway? cuz then i can see a law suit happening but if she never told him not to help then fuck that bitch.

ten bucks says that the good samaritan is thinking "i should have let her die"

Jamie1987 : LVL 23: VP 3.2: said:

Jamie1987

20 votes NegativePositive

322 days 10 hours ago...

this is why women should really stop driving, if a man was at the wheel this never would have happend

teheasterferret : LVL 31: VP 4: said:

teheasterferret

21 votes NegativePositive

322 days 9 hours ago...

^ that one gets better with age, doesn`t it?

Cullum : LVL 31: VP 4: said:

Cullum

-7 votes NegativePositive

322 days 9 hours ago...

Yeah, but if there were no signs of fire, they`d should stayed by the person`s side until the ambulance arrived. Imagine being a para cause someone MOVED you, I`d be a bit pissed.

Not to say they should sue...

mematty : LVL 12: VP 2.1: said:

mematty

-6 votes NegativePositive

322 days 9 hours ago...

Fair enough. People should have some common sense about how to remove people from wrecks.

MANWHORE : LVL 34: VP 4.2: said:

MANWHORE

26 votes NegativePositive

322 days 8 hours ago...

Thats American democratic freedom of choice, when you come across a person in distress you can choose to get sued for helping them, or you can choose to get sued for not helping them, take your pick!

A fitting statement - Only in America!

x05sween : LVL 12: VP 2.1: said:

x05sween

-2 votes NegativePositive

322 days 8 hours ago...

Good on him for saving her. That bitch is lucky to be alive. Start up a charity and get on with life woman!

c0c0nut_m0nkey : LVL 37: VP 4.5: said:

c0c0nut_m0nkey

2 votes NegativePositive

322 days 8 hours ago...

The person who pulled her out of the car watches too many movies.

coldsavage : LVL 24: VP 3.3: said:

coldsavage

27 votes NegativePositive

322 days 8 hours ago...

That deserves some type of douchebaggery award.

Sabu : LVL 32: VP 4.1: said:

Sabu

4 votes NegativePositive

322 days 5 hours ago...

As i understand it, in Aus a first aider is not liable if anything goes wrong whereas a doctor is. Also with first aid i think the general rule is life before spinal injuries, in this case her life was supposedly at risk and therefore the risk for spinal injury was warranted.
i hope the paralyzed chick loses because the arguments are too flawed. How can you prove that she didn`t already have a spinal injury and likewise you could argue that the girl recognized a significant risk of explosion (unlikely...) and was therefore doing the right thing. Also i hope the paralyzed chick is the last one in the line for stem cell therapy when it becomes available.. selfish bitch!!

anemis : LVL 37: VP 4.5: said:

anemis

4 votes NegativePositive

322 days 3 hours ago...

i say let the bitch die... what the hell is wrong with people ?? god i really pissed...

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