Human Compassion being Killed?

Calif. Court: Would-be Good Samaritan can be sued
Published: 12/18/08, 6:25 PM EDT
By PAUL ELIAS
LOS ANGELES (AP) -

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.

Copyright 2008 Associated Press. All rights reserved.

Hmm, is the age of compassion for our fellow humans being killed off by the courts? Or is it just dying of old age?

The moral of the story? Don't lift one single finger to help anyone, ever, in any situation. Car accident? Gasoline leaking? Car might explode in a fiery plume of flame and smoke? No, no, ...don't help! Just let the poor dumb bastard die.

Baron Max

 

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Looks like she should have let the silly bitch risk going up in flames. Even better, she should have taken a video of the car turning into a fireball and posted it on Youtube for our entertainment.

 

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Are lawyers really so strong?

I don't think compassion is being killed. It has persisted despite wars and disasters, religion, politics, and centuries steeped in greed and fear. It will survive the lawyers, as well.

 

That wasn't compassion, that was stupidity.
Everyone knows not to move someone in an accident.
If the car was actually on fire, that would be different.


Torti needs to be locked up, and for a long time.
Firstly, for her annoying name, and secondly for her wilful ignorance.
If you had a bee about to sting you on the nose, she'd probably pop off a shell at it.

"I was shooting at the bee!"

 

Well, now that you mention it ....

Word on the street is that in shooting bees, the greatest danger is to the self.

• "Home Protection"​

 

How can you be certain that the car won't catch on fire? There could be a small rupture in the fuel line causeing a trickle of gas to flow out eventually causing a fire. How can you ever know that isn't going to happen with any wreck?:shrug:

 

Really? It seems fucking stupid and assinine to me.
Because the more people that hear about this, the less likely they are to try to pull someone out of a burning car.

Given the choice, I'd much rather someone pull me out of a burning car exercising no care whatsoever, than for them to leave me there.

I liken this to a burglar being able to sue a homeowner of a home that they broke into and got injured, and that lawsuit the lady filed against McDonalds for burning herself from hot coffee.


This situation needs to be added to this obituary:
http://www.naute.com/thinkery/obituary.phtml

Not when the fear of a senseless lawsuit of improper care looms over your head.

 

Well car slamming into light pole at 45mph does bring up other concerns. Like the possibility of powerlines as well. These lines have been known to pop free after sch a hit. Also one should factor in the state of mind of witnesses and rescuers.
After all they may have been rattled by the very act of witnessing the accident.

Torti propably pulled her friend out thinking it was good idea for several reasons. She might not have had all oars working while she thought of it, as she might have been in shock herself.

 

seems reasonable that this person involved in a 45 mph crash would be a little pissed.

 

Do you have any idea how expensive defending yourself in court can be? Even if she wins the case, the legal fees could bankrupt her. This case should have been dismissed immrdiately. People may well die due to this case going forward since bystanders may be afraid to render assistancw.

 

People don't normally think logically in life-or-death situations, especially when a supposed "friend" is involved. Maybe the car didn't explode, but she thought it would and saving her friend's life became the top priority. I would do the same thing and I can't imagine any of my friends being such cunts.

It reminds me of that case where a woman had a heart attack and a random stranger came to the woman's aid, performed CPR, and saved her life. He unbuttoned her shirt to administer the CPR and she sued him for exposing her in public. I don't care if the entire world sees my boobies if it means saving my life. I'd want to live and I'd be damn grateful to that person.

 

Well fuck me, I'm gonna check Canadian/Ontario law on this right now.

No fuckin way would I help anyone in that state after this decision. Fucking laws. To MANY fucking laws.

 

Maybe she shouldn't be sent to prison.
Not for long anyway.
But there are a few places she shouldn't be allowed to go.
For example, sports events.

Imagine a rough game where a player is lying on the ground, concussed, with a possible neck injury.
The paramedics are gingerly lifting him on to a secure stretcher.
Everyone watching is holding their breath.
You just know that if Torti is in the crowd she will leap onto the pitch and sling the player over her shoulder.
She means well, but she's a danger to everyone.

 

"pulled out like a rag doll"

Sounds to me like the person was already a paraplegic when she was removed from the car.

But good to know. If I come across such an incident, it will be much easier to just keep driving away now. Gotta avoid getting lawyers involved in my life. Its a priority thing.