Truesee's Daily Wonder

Truesee presents the weird, wild, wacky and world news of the day.

Saturday, December 27, 2008


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

This is a very dangerous lawsuit, and Beverly Hills lawyer Robert Hutchinson should be harshly admonished for filing it.

     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.

     Where does it end? I was thrown in jail and put on trial for stopping a felony in progress, and the felon I detained was allowed, indeed encouraged, to continue driving without a license or insurance. Lisa Torti is prosecuted for trying to save a fellow motorist from a fiery death. This trend cannot be allowed to continue unabated, and I hope and pray that I'm not the only one who can see where it will eventually lead us. Lawsuits such as this one encourage people to simply turn their heads and ignore the plight of others. Is this what is to become of our American values?

     If the car had exploded and Torti had failed to act, would she now be facing a wrongful death lawsuit because she DIDN'T lend her assistance? I hope her attorney has the foresight to file a counter suit, because I suspect that the driver of Van Horn's car was uninsured. The article says Van Horn was a passenger in a car that slammed into a light pole. If Van Horn was pulled from the vehicle "like a rag doll," I would surmise that she was paralyzed by the collision, and not by Torti's compassionate efforts to save her life.

     If this is where we're headed, don't expect ANYONE to come forward with any information the next time someone's child is snatched from a mall somewhere. If you're being held up at gunpoint, you'll have no right to ask a witness to your plight to call the police for help. If you're carjacked at a stoplight, you might face criminal charges if you fail to tell your attacker to "Have a nice day" as he drives away with your car.

     This is a ridiculous exploitation of the law, and the California Supreme Court should be ashamed of itself.

With a friend like her who needs enemies.
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.
Post a Comment

<< Home


June 2021   May 2021   April 2021   March 2021   February 2021   January 2021   December 2020   November 2020   October 2020   September 2020   August 2020   July 2020   June 2020   May 2020   April 2020   March 2020   February 2020   January 2020   December 2019   November 2019   October 2019   September 2019   August 2019   July 2019   June 2019   May 2019   April 2019   March 2019   February 2019   January 2019   December 2018   November 2018   October 2018   September 2018   August 2018   July 2018   June 2018   May 2018   April 2018   March 2018   February 2018   January 2018   December 2017   November 2017   October 2017   September 2017   August 2017   July 2017   June 2017   May 2017   April 2017   March 2017   February 2017   January 2017   December 2016   November 2016   October 2016   September 2016   August 2016   July 2016   June 2016   May 2016   April 2016   March 2016   February 2016   January 2016   December 2015   November 2015   October 2015   September 2015   August 2015   July 2015   June 2015   May 2015   April 2015   March 2015   February 2015   January 2015   December 2014   November 2014   October 2014   September 2014   August 2014   July 2014   June 2014   May 2014   April 2014   March 2014   February 2014   January 2014   December 2013   November 2013   October 2013   September 2013   August 2013   July 2013   June 2013   May 2013   April 2013   March 2013   February 2013   January 2013   December 2012   November 2012   October 2012   September 2012   August 2012   July 2012   June 2012   May 2012   April 2012   March 2012   February 2012   January 2012   December 2011   November 2011   October 2011   September 2011   August 2011   July 2011   June 2011   May 2011   April 2011   March 2011   February 2011   January 2011   December 2010   November 2010   October 2010   September 2010   August 2010   July 2010   June 2010   May 2010   April 2010   March 2010   February 2010   January 2010   December 2009   November 2009   October 2009   September 2009   August 2009   July 2009   June 2009   May 2009   April 2009   March 2009   February 2009   January 2009   December 2008  

Powered by Lottery PostSyndicated RSS FeedSubscribe