Woman Sued for Rescue Effort in Car Crash Legal Experts Say California Ruling Could Make Good Samaritans Hesitate By SUSAN DONALDSON JAMES Dec. 19, 2008
No good deed goes unpunished, or so goes the saying. A paralyzed woman is suing a former co-worker for moving her from a car accident
Such was the case with Lisa Torti, who is being sued for pulling a now-paralyzed friend from the wreckage of a Los Angeles car accident in 2004.
The victim's lawyers claim the Good Samaritan bumbled the rescue and caused injury by yanking her friend "like a rag doll" to safety.
But Torti -- now a 30-year-old interior designer from Las Vegas -- said she thought she had seen smoke and feared the car would explode. She claims she was only trying to help her friend, Alexandra Van Horn, and her own life has been adversely affected by the incident.
"I know [Van Horn] has a lot of financial issues and her life has changed," she said. "But it's not my fault. I can't be angry at her, only the path she has chosen to take. I can only pray it helps her."
"I don't have any more fight left," Torti told ABCNews.com, choking back tears. "It's really emotional."
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punkdavid wrote:
This happens all the time. "Good Samaritan" laws are designed to block this type of suit. I guess California doesn't have such a law.
i'm not sure if you clicked through, but this is from the story:
Quote:
Only Medical Workers Immune
The court ruled 4-3 that only those administering medical care have legal immunity, but not those like Torti, who merely take rescue action. The justices said that the perceived danger to Van Horn in the wrecked car was not "medical."
The court majority said the 1980 Emergency Medical Service Act, which Torti's lawyers cited for protection, was intended only to encourage people to learn first aid and use it in emergencies, not to give Good Samaritans blanket immunity when they act negligently.
Van Horn's lawsuit will go on to trial court to determine if Torti is to blame for Van Horn's paralysis.
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corduroy_blazer wrote:
punkdavid wrote:
This happens all the time. "Good Samaritan" laws are designed to block this type of suit. I guess California doesn't have such a law.
i'm not sure if you clicked through, but this is from the story:
Quote:
Only Medical Workers Immune
The court ruled 4-3 that only those administering medical care have legal immunity, but not those like Torti, who merely take rescue action. The justices said that the perceived danger to Van Horn in the wrecked car was not "medical."
The court majority said the 1980 Emergency Medical Service Act, which Torti's lawyers cited for protection, was intended only to encourage people to learn first aid and use it in emergencies, not to give Good Samaritans blanket immunity when they act negligently.
Van Horn's lawsuit will go on to trial court to determine if Torti is to blame for Van Horn's paralysis.
I didn't have to read that. Some states have laws that protect all rescuers, not just professionals.
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badabing wrote:
I wouldn't have moved her.....there is a better chance of aggravating her injuries than the car exploding.
i agree with this to a point but if the woman was unconscious then i would absolutely move her first because if her airway becomes blocked then she is dead anyway. if might be different in Oz but here we are covered by the law that you cannot be sued over rendering first aid, provided you have some idea what you are doing.
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Joined: Sun Oct 17, 2004 7:19 pm Posts: 39068 Location: Chapel Hill, NC, USA Gender: Male
States should put up signs at their borders.
If you witness someone about to die in our state:
a) you are legally obligated to act. b) you are legally obligated to go away.
That would save a lot of trouble.
_________________ "Though some may think there should be a separation between art/music and politics, it should be reinforced that art can be a form of nonviolent protest." - e.v.
I wouldn't have moved her.....there is a better chance of aggravating her injuries than the car exploding.
Dude, no behaves rationally in such a situation. I had to help people out of a smoking car once in college and at the time I could focus on nothing other than moving them away from a car that might catch fire. Now, I didn't drop anyone on concrete like the woman in the article...
Joined: Mon Oct 18, 2004 12:43 am Posts: 87 Location: Buffalo, NY
Not quite the same, but the "moral" is similar.
Quote:
A Titusville man was just trying to do the right thing when he paid sales tax a store had failed to collect for a small purchase. But after paying the $1.50 tax, the state threatened the man with major fines and criminal charges.
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