truesee's Blog

Good Samaritan Being Sued For Saving Accident Victim

PAUL ELIAS, Associated Press Writer Paul Elias, Associated Press Writer – Friday Dec 26, 6:22 pm ET

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.

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

Entry #33

California Family Finds $10,000 in Box of Crackers

IRVINE, Calif. – The box of crackers Debra Rogoff bought from the grocery store had some crackerjack in it — an envelope stuffed with $10,000.

Yet the Irvine woman was more curious than ecstatic about her daughter's find. After all, who would leave money in such a place?

"We just thought, 'This is someone's money,'" she said. "We would never feel good about spending it."

Rather than go on a shopping spree, the family called police and was initially told the money could be part of a drug drop.

Police later heard from store managers at Whole Foods in Tustin that an elderly woman had come in a few days earlier, hysterical because she had mistakenly returned a box of crackers with her life savings inside. In a mix-up the store restocked the box rather than composting it.

The Lake Forest woman, whose identity was not released, had lost faith in her bank and decided the box would be a safer place for the money.

Luckily for her, the box of Annie's Sour Cream and Onion Cheddar Bunny crackers were bought by the Rogoffs, who discovered the crisp $100 bills in an unmarked white envelope on Oct. 10.

The Rogoffs never heard from the woman and didn't receive a reward, but Rogoff did return to Whole Foods a couple weeks later.

"I asked them if I could have another box of crackers," she said with a laugh. The store obliged.

___

Information from: The Orange County Register, http://www.ocregister.com

 

Entry #32

Florida Woman Claims 'Merry Christmas' Got Her Fired

By MELISSA NELSON, Associated Press Writer Melissa Nelson, Associated Press Writer – Fri Dec 26, 1:45 pm ET

 

PENSACOLA, Fla. – A Christian woman claims she was fired from her job because she greeted callers with "Merry Christmas," but the vacation rental company says it's no Scrooge and the woman is just a disgruntled employee.

Tonia Thomas, 35, said she refused to say "Happy Holidays" and was fired, even after offering to use the company's non-holiday greeting. The Panama City woman filed a federal complaint that accuses the company of religious discrimination. She is seeking compensation for lost wages.

"I hold my core Christian values to a high standard and I absolutely refuse to give in on the basis of values. All I wanted was to be able to say 'Merry Christmas' or to acknowledge no holidays," she said Tuesday. "As a Christian, I don't recognize any other holidays."

Thomas said she is Baptist.

Her former employer, Counts-Oakes Resorts Properties Inc., said she wasn't fired for saying "Merry Christmas," but would not elaborate.

"We are a Christian company and we celebrate Christmas," said Andy Phillips, the company's president. Thomas is "a disgruntled employee," presenting a one-sided version of what happened when she was fired Dec. 10, Phillips said.

Liberty Counsel, an Orlando-based legal group that advocates for people discriminated against because of their religion, is representing Thomas before the federal Equal Opportunity Employment Commission. Their complaint also accuses the company of harassing and taunting Thomas after she was fired by calling the police to watch her pack her belongs and leave.

Thomas could have hard time winning the case, said G. Thomas Harper, a Jacksonville-based labor attorney who writes a newsletter on Florida employment law.

"I wouldn't think an employee has the right to insist (on saying Merry Christmas) unless that really is a tenet of their faith. She would have to make a strong case that was part of her beliefs, if not, it becomes insubordination," he said.

Thomas has found another job, but she makes less than the $10.50 an hour she earned with the rental company. She said the trauma of being fired and the pay cut has made for a tough holiday season for herself, her husband and their 6-year-old son.

Harper said when it comes to holiday greetings, the smartest choice might be ignoring the season.

"The best option is just not to say anything," he said.

 

Entry #31

Police Use Tobacco Spit to Nab Burglary Suspect

By SEAN MURPHY, Associated Press Writer Sean Murphy, Associated Press Writer – Wed Dec 24, 7:10 pm ET

OKLAHOMA CITY – A trail of tobacco spit has led investigators to a suspect in at least five burglaries across eastern Oklahoma, police said.

Randy Lee Shoopman Jr., 33, was charged with 11 counts of second-degree burglary after a sample of his DNA matched that taken from expectorant left behind at the scene of several burglaries in Oklahoma, said officer Brad Robertson, a spokesman for the Tahlequah police department.

Shoopman was taken into custody Friday in Merced, Calif., on an unrelated stolen property charge, Robertson said.

Investigators also said Shoopman may be involved in break-ins at businesses across eastern Oklahoma and in Missouri.

Stilwell police detective Chad Smith said he was investigating the burglary of an insurance company in September when he noticed a tobacco stain on papers in the ransacked office.

"None of the ladies that worked there chewed tobacco," Smith said. "You could tell that the stains were from the suspect."

Smith said he sent a sample of the spit to the Oklahoma State Bureau of Investigation for testing. Detectives in Tahlequah who were investigating Shoopman as a possible suspect in a string of burglaries obtained a warrant to get a DNA sample from him.

The sample linked him to at least five burglaries in which the suspect also left behind tobacco spit, Robertson said. Shoopman was released on bail before the DNA match was obtained.

The evidence helps build a strong case for prosecutors, said Shannon Otteson, assistant district attorney in Adair County.

"Eyewitness testimony is unreliable at best. Even video tape surveillance is sometimes grainy. But this is pretty good," Otteson said. "Through this guy's bad habit, we could possibly solve several different burglaries."

Oklahoma officials hoped to have Shoopman extradited from California soon to face charges, said Otteson.

A telephone message left Wednesday with Shoopman's attorney in Muskogee was not immediately returned

Entry #30

Man Steals Fire Truck To Go Home for Christmas

SOUTH SALT LAKE, Utah -What kind of mileage does that thing get? Police in South Salt Lake, Utah, have arrested a man they say tried to steal a fire truck so he could drive home — to Washington — for Christmas.
Detective Gary Keller says firefighters on a medical call heard the $500,000 truck's air horn blaring Monday and ran outside. They found a man in the driver's seat trying to drive away.
After a lengthy struggle, firefighters were finally able to subdue the man until police arrived.
Police say the 25-year-old man told them he wanted to go to Washington to see his mother for Christmas.
Information from: Deseret News, http://www.deseretnews.com
Entry #29

17 Year Old Shoots Parents Over Xbox 360 Game

This news is weird, no doubt but also sad. Daniel Petric, a 17 year old boy shot his parents after they took away Halo 3 (an xbox 360 video game).

He came home after sneaking out to buy the game. His father then took it, placing the game in a lockbox—the same lockbox in which he stored his 9mm handgun.

Shot parents over Halo 3 game

Somehow, Petric retrieved his game and the gun from the lockbox. And according to his father, Petric entered the living room with a chilling request.

“Would you guys close your eyes?” I have a surprise for you.At that point, he was said to shoot both of his parents in the head, killing his mother.

12/23/08

Entry #28

Man Melting Snow with Blowtorch Sets House on Fire

December 23, 2008 9:00 A M EST

NEW BEDFORD, Mass. – Fire officials in New Bedford, Mass., say a man using a blowtorch to melt ice on his back porch ended up setting his house on fire, causing up to $30,000 in damage.

Fire Capt. Scott Kruger tells The Standard-Times of New Bedford that no on was injured during Monday's incident at the three-story home.

Kruger says the man was using a torch hooked up to a 20-pound propane cylinder. He got too close to the building's wood frame and ignited the vinyl siding. The fire quickly spread into the building's second- and third-floor apartments.

It took 25 firefighters to subdue the blaze that damaged bedrooms in the upstairs units, and caused damage to the structure and wiring.

The homeowner will not be charged.

___

Information from: The Standard-Times, http://www.southcoasttoday.com

 

Entry #27

Homeless Get Caviar for Christmas

Mon Dec 22, 2008 10:36am EST

ROME (Reuters) - Down-and-outs and hard up pensioners in Milan will enjoy a rare Christmas treat this year: choice beluga caviar confiscated from traffickers.

Italian police seized over 40 kg (88 lb) of the delicacy, worth some 400,000 euros ($558,300), from two men who last month smuggled it into the country from Poland for sale in the shops of Milan and the rest of the wealthy Lombardy region.

The head of the local forest police who carried out the raid kept the bounty in barrack fridges for several weeks, but realized it would soon go bad.

"Tests showed us the food was still perfectly OK to eat but it couldn't be stored much longer, so we decided to give it to the poor," Juri Mantegazza told Milan daily Corriere della Sera.

A small amount of the sturgeons' eggs have been kept for further analysis while the rest has been sent to voluntary associations, charity kitchens and old people's homes.

"Everything that comes our way is very welcome, even though most of our guests don't even know what those little black balls are," said Virginio Colmega, a priest who helps run the House of Charity in Milan.

(Reporting by Gavin Jones; Editing by Katie Nguyen)

Entry #26

Mom Arrested for Smoking Marijuana With Teen Kids

Associated Press December 22, 2008

MINDEN, Nev. – A 39-year-old woman was arrested last week on suspicion of smoking marijuana with her two teenage children. Douglas County sheriff's deputies said the woman was detained after they responded to a report of a suspicious vehicle. Deputies said the woman told them that she was teaching her son to drive, but they smelled marijuana emanating from the vehicle.

The suspect's son, whose age was unavailable, and 14-year-old daughter told deputies they had shared two bowls of marijuana with their mother.

The woman was booked into jail Tuesday on charges of child endangerment, contributing to the delinquency of a minor and possession of a drug.

The 14-year-old was released to Child and Protective Services, while the boy was placed in juvenile detention.

 

Entry #25

$15,000 Gem Found in Museum Vacuum-Cleaner Bag

Sun Dec 21, 6:29 pm ET

NEW YORK – The American Museum of Natural History's latest discovery is a diamond in the rough: a visitor's $15,000 gem in a vacuum-cleaner bag.

The one-carat stone fell out of Catherine Hart's ring during a "Night at the Museum" sleepover event at the storied New York institution Dec. 13 and 14.

Custodial supervisor Herbert Andujar says staffers in gloves and masks combed through the dust in four vacuum bags, scrutinizing everything that glittered, before finding the gem.

Hart says she's thrilled to have recovered the diamond, which her husband gave her in 2000. The 59-year-old intends to give it to her granddaughter someday.

Hart says it shows a diamond really is forever, "because it came back to me."

 

Entry #24

Woman Arrested for Phony Calls to 911; First Called to Find Out What Neighbors Were Doing

The Tampa Tribune 

December 20, 2008

Just after 8:30 this morning, Temple Terrace police say they received a call that the resident of a home on 5400 E. Busch Blvd. was injured and that a man was in the yard firing a revolver.

When police arrived at the scene, they saw a familiar figure walking from a payphone at a nearby Kmart where the calls were made, according to a report.

According to the report, police questioned Lorrie Ann Fernandez, 39, who denied making any calls. Then the officers recognized Fernandez.

Last month, she called 911 to report that someone was possibly injured and that she heard gunshots. At the time, she told police that she called 911 "because she wanted to know what her neighbors were doing."

That time, the police let her go. She was not so lucky this morning.

After she was read her rights, Fernandez told police that "it wasn't against the law to make 911 calls."

Police disagreed.

Fernandez, was charged with two misdemeanor counts of making a false 911 call. She is being held at the Orient Road Jail on $1,000 bond.

Entry #23

Robber Shot With His Own Gun During Holdup

Dec. 19, 2008

A 24-year-old man wounded in a struggle over a gun during an attempted robbery reported the shooting to police but was soon arrested when officers discovered that he was the robber himself, an investigator said today.

Police said the robber went to a home last night in the 3200 block of N. 12th St. armed with a gun, but encountered a person who resisted the robbery and attempted to take the gun away.

The robber was struck in the shoulder with a bullet during the struggle and ran off, according to police.

He reported the shooting a short time later. Police realized his possible involvement in the original robbery and arrested him.

He was being treated today at a hospital and was in police custody.

The robber said he knew the person he had attempted to rob, according to police.

Milwaukee Journal Sentinel

Entry #22

Lawyer Arrested for Giving Client a Piece of Candy

PRESCOTT, Ariz. -A lawyer has been arrested after he reportedly ignored orders not to give his shackled client a piece of candy in court, a Yavapai County sheriff's official said. Damon Rossi, 38, was arrested at his home on Thursday, a day after he asked two detention officers if he could feed his client a piece of candy, sheriff's spokesman Dwight D'Evelyn said on Friday. Rossi went ahead and gave the inmate the food despite being warned against it, reportedly asking the officers "what are you going to do, arrest me?"
Detention officers took no action at the time because they didn't want to disrupt court, D'Evelyn said. They turned the matter over the sheriff's criminal division and a decision was made to arrest the lawyer.
"The concern we have is that no contraband should be passed to an inmate," D'Evelyn said. "That's the rule. We don't know what's in it. If we allow attorneys to feed our inmates it would be a security issue — they get fed three squares a day and we don't feed them in court."
Rossi was arrested at his home in Prescott Valley about noon and booked into county jail on a felony count of providing contraband to an inmate. He was released on his own recognizance by early evening on Thursday.
A call to Rossi's office on Friday wasn't immediately returned.
AP  2008-12-19 20:38:55
Entry #21

Baby's Brain Tumor Contained Human Foot and Hand

AP December 19, 10:49 p.m. EST
COLORADO SPRINGS, Colo. (Dec. 18) - A pediatric neurosurgeon says a tumor he removed from the brain of a Colorado Springs infant contained a tiny foot and other partially formed body parts.
Dr. Paul Grabb said he operated on Sam Esquibel at Memorial Hospital for Children after an MRI showed a microscopic tumor on the newborn's brain. Sam was 3 days old and otherwise healthy.
Grabb said that while removing the growth, he discovered it contained a nearly perfect foot and the formation of another foot, a hand and a thigh.
"It looked like the breach delivery of a baby, coming out of the brain," Grabb said. "To find a perfectly formed structure (like this) is extremely unique, unusual, borderline unheard of."
Grabb isn't sure what caused the growth but says it may have been a type of congenital brain tumor. However, such tumors usually are less complex than a foot or hand, he said.
The growth may also have been a case of "fetus in fetu" — in which a fetal twin begins to form within another — but such cases very rarely occur in the brain, Grabb said.
Sam's parents, Tiffnie and Manuel Esquibel, said their son is at home now but faces monthly blood tests to check for signs of cancer or regrowth, along with physical therapy to improve the use of his neck. But they say he has mostly recovered from the Oct. 3 surgery.
Entry #20

Pilot Tells Passengers In Mid Air,"I'm Not Qualified To Land This Plane"

Dec 18 08:20 AM US/Eastern

A British passenger plane was forced to turn back minutes before landing in Paris because the pilot of 30 years' experience was not qualified to land in fog, an airline confirmed on Thursday.

Speaking over the address system as the Flybe flight approached Charles de Gaulle airport, the pilot announced to startled passengers "I am not qualified to land the plane" and turned back to Cardiff.

A spokeswoman for the low-cost airline said the pilot was "an experienced aviator with more than 30 years commercial aviation experience flying a number of different passenger aircraft types."

"He has relatively recently transferred his 'type-rating' from a Bombardier Q300 to a Bombardier Q400 and has not yet completed the requisite low-visibility training to complete a landing in conditions such as the dense fog experienced in Paris Charles de Gaulle," she said.

"The captain therefore quite correctly turned the aircraft around and returned to Cardiff; a decision which the company stands by 100 percent."

One passenger, 29-year-old Cassandra Grant, said she had missed a job interview in the French capital as a result.

She told the South Wales Echo newspaper: "Twenty minutes outside Paris, the captain said, 'Unfortunately I'm not qualified to land the plane in Paris. They are asking for a level two qualification and I only have a level five. We'll have to fly back.

"The whole thing beggars belief. If I had not been on the plane, I would not have believed it."

The Civil Aviation Authority described the incident as "quite unusual but probably not unheard of.

"I guess he thought when he initially took off that conditions would be suitable for him to land," a spokesman said.

"There are different classifications of aircraft and when an aircraft is updated, pilots who have flown an older version have to completely retrain.

"Different climatic conditions like fog require a certain level of skill and he probably didn't have the level of training required for this particular aircraft."

Entry #19