California Court allows Good Samaritan to be sued

[Murph]

Some days I wonder if Kalifornia is on the same planet we are?


Bumbling Good Samaritan can be sued

Bob Egelko, Chronicle Staff Writer

Friday, December 19, 2008


(12-18) 17:43 PST SAN FRANCISCO -- A Good Samaritan whose well-meaning but careless rescue effort injures an accident victim can be sued for damages, the state Supreme Court ruled Thursday.

The court said California's shield against liability for emergency help applies only to people trying to provide medical help.

The 4-3 ruling allows a 27-year-old Los Angeles woman to go to trial in her suit against a friend who pulled her out of a wrecked car and, in the process, allegedly caused injuries that left her permanently paralyzed. The friend, Lisa Torti, said she had seen smoke and thought the car was about to explode, but other witnesses said they had seen no signs of danger.

The court majority said the law Torti cited to try to dismiss the lawsuit 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. Dissenting justices said the ruling would discourage people from trying to save lives.

The case dates from 2004, when a group of friends including Torti and Alexandra Van Horn left a bar in suburban Chatsworth (Los Angeles County) in two cars after a Halloween party.

The car in which Van Horn was a passenger went out of control and hit a light pole. Torti, in the other car, pulled Van Horn out just before emergency crews arrived to take her to the hospital, where she underwent surgery for a spinal cord injury and a lacerated liver.

Torti testified that she had carried her friend out carefully, with one arm under her legs and one behind her back. But Van Horn said Torti had grabbed her by the arm and yanked her out.

Other witnesses said Torti had set Van Horn down next to the car, despite Torti's testimony that she was worried the vehicle would blow up.

Torti sought to dismiss the suit under a 1980 state law that bars damage suits against anyone who "in good faith, and not for compensation, renders emergency care at the scene of an emergency" - even for negligent acts that injure the victim.

Although the law does not distinguish between types of emergency care, the court majority said the context shows it was meant to be limited to medical care. The law was part of a package of legislation on emergency medical services, Justice Carlos Moreno said in the majority opinion.


http://www.sfgate.com/cgi-bin/articl...BAUV14QQIS.DTL

[pintail]

No kidding. These judges better hope they aren't in need of any help from a good samaritan any time soon.

[Steelsun]

The judges are idiots, just like most of the judges and lawmakers in Kalifornia.

Wonder if the money grubbing "friend" sued the driver of her vehicle too? She better have if he/she was drunk also (not stated in the story, but Kali press often skews facts to make better reads).

[Murph]

Problem is that the lawyers have practically made everything to the point where you must have a gazillion dollars of liability insurance, and are constantly afraid of frivolous lawsuits. Look at what cr*p like this has costs photographers. Watch this ruling to find its way into normal states laws since silly s**t that happens in California moves east, and lawyers now have "Precedent" to sue.

[Shane]

It is called the "Lawsuit Lottery" . . . you hope something bad happens to you, so you can SUE and get a billion dollars . . . SAD . . .

[ESHernandez]

California.. Figures..

Don't worry. It will probably be made a movie soon. Or the so-called victim will have her own show..

[ShutteredEye]

What nobody has mentioned yet is the scariest thought by far, IMHO.

If you try and help you can be sued.

If you don't help you can be sued.