Good Samaritan Being Sued For Saving Accident Victim

Comment #3

justxploring — Sun, 28 Dec 2008 02:54:41 GMT

We don't know what really happened and I don't trust the press. Was she a "Good Samaritan" in the car behind her who stopped to help or a "friend?" A healthy woman is now paralyzed, which is very sad. I'm sure the defense will hire a medical expert to determine whether or not the accident caused the paralysis. I agree that it's unfortunate when a person is afraid to help another in case there is a lawsuit, but it's also important to use common sense. An untrained person should never move someone after an accident. If she didn't see flames or see a gas spill, she should have waited for the paramedics. Maybe she said she thought the car was going to explode after she found out she was being sued. We don't know that, do we? Sounds as if everyone is blaming the victim. Again, this is a very sad and tragic story for both involved.... [ More ]

Comment #2

ICNUMBERS — Sat, 27 Dec 2008 23:33:23 GMT

With a friend like her who needs enemies.

Comment #1

jim695 — Sat, 27 Dec 2008 14:37:37 GMT

<br /> For many years, American courts have held that a police officer has no duty or obligation to put himself in harm's way to protect a citizen, but most of us still believe that cops will come to our rescue when we're in trouble. Van Horn's lawsuit will only serve to perpetuate a society with an attitude of "every man (and woman) for himself" which, in turn, will further segregate us as a nation at the very moment we need to unify. <br /><br /> Where does it end? I was thrown in jail... [ More ]

Original Blog Entry: Good Samaritan Being Sued For Saving Accident Victim

truesee — Sat, 27 Dec 2008 13:29:51 GMT

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

... [ More ]