Good Samaritan Sued For Rendering Aid
The California Supreme Court ruled against a woman on Thursday who provided aid to her co-worker at the scene of a car crash. Lisa Torti allegedly made worse the injuries of Alexandra Van Horn when she pulled her “like a rag doll” from the wrecked vehicle.
The high court of seven justices were divided 4-3 but sent a clear signal that rescue efforts are the responsibility of trained professionals. The ruling is also the first time that the California justices have opened the door for litigation against people who render non-medical aid in good faith.
In 1980, the Legislature enacted the Health and Safety Code, which stated that “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.”
There were three dissenting justices who argued that the above mentioned legislation was clearly “to encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid.”
Torti, Van Horn and three other co-workers from the San Fernando Valley partied on Halloween 2004, leaving a bar at 1:30 a.m. after a night of dancing and drinking. The group was traveling in two cars. Van Horn was a front seat passenger in a car that crashed into a light pole at a speed of approximately 45 mph.
The second vehicle pulled up behind the crash vehicle and Torti, the passenger, reportedly saw smoke and liquid coming from the crash vehicle and feared a fire and explosion. She immediately plucked Van Horn from the crash vehicle and deposited her onto the ground.
Van Horn suffered permanent damage to her spinal cord as a result of the vertebrae injury and is now a paraplegic. Her lawsuit alleges that Torti’s action made matters worse. The case will go to trial in 2009.
Check out a video detailing the facts below.
[youtube]http://www.youtube.com/watch?v=t3oOjVCAIP8[/youtube]
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Filed under: Across the Nation
With a Court ruling like this, I am sorry, if some one is
in need and the life is threatend, I think I will decide not to get involved and just drive down the road. If the victim makes it or not will no longer be of my concern. It is called look the other way. It used to be you would
try to help your fellow man, Maybe one of the judges will be in an accident with life threatning injurys, and people will pass by as he is calling for help, as there
afraid that they will be sued if helped. Think about the
implications, your family is in a car, there is an accident, your incapicated, it is on fire, you cant get out.
Every one will drive past as you and your family are consumed by flames, where before this ruling there
would be many people stop and pull you clear of harm.
This is what this runing will bring, then people will say they cant belive noe one want to help there fellow man, winder why.
Randal Tuttle Ohio
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.
The high court of seven justices were divided 4-3 but sent a clear signal that rescue efforts are the responsibility of
trained professionals.
Personally? YES. My finance was rammed on his motorcycle by a car maybe running a stop sign and would OF LIVED if two bystanders hadn’t moved him off the street! He was in no danger as everyone around blocked off traffic. The paramedics WERE LIVID as they could tell he was moved without proper neck support as he expired on them! They were there in minutes (collision occurred 2 blocks from Hillcrest Hospital). The medical personnel at the hospital pretty much confirmed that maybe Jim would have lived had he not been moved.
The police ascertained the two who moved him and got their names and addresses, and they started crying. He had had a dream (Jim did) and said he would not want to live as a para or quad so we pressed no charges and the man who ran the stop sign was our preacher! -Waco, Tx