Calif. Court: Would-be Good Samaritan can be sued

[Ban Hammer 14,289]

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.

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[Jasman0717 9]

Only in California

[Ban Hammer 14,289]

Only in California

my thoughts exactly. woe to any more who are involved in a crash and need help.

[mox 298]

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

[Jasman0717 9]

Only in California

my thoughts exactly. woe to any more who are involved in a crash and need help.

I yearn for the day of moving to western Colorado

[one...two...tree 2,762]

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

It was pretty stupid. Cars don't explode upon impact. She should have dialed 911 on her cell phone and asked what to do.

[jundp 191]

It may have been stupid, but #######? You would sue your friend who was trying to save you?

[natty bumppo 297]

Only in California

my thoughts exactly. woe to any more who are involved in a crash and need help.

Just make sure the person signs a release before helping them. If no signature, standby and watch.

This will keep you from suffering the consequences of aiding a person in need of emergency assistance ...

[Trumplestiltskin 5,791]

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

It was pretty stupid. Cars don't explode upon impact. She should have dialed 911 on her cell phone and asked what to do.

It sounds like the woman panicked. As long as the car wasn't on fire, it would have been better to wait for paramedics.

Same deal with removing someone's helmet if they come off a motorcycle. You don't do it - unless they're choking or not breathing.

[natty bumppo 297]

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

It was pretty stupid. Cars don't explode upon impact. She should have dialed 911 on her cell phone and asked what to do.

It sounds like the woman panicked. As long as the car wasn't on fire, it would have been better to wait for paramedics.

Same deal with removing someone's helmet if they come off a motorcycle. You don't do it - unless they're choking or not breathing.

Don't you ever watch TV or movies? Of course they do ...

[Hilarious Clinton 452]

Only in California

Typical for California.

[Trumplestiltskin 5,791]

Only in California

Typical for California.

Do you ever say anything that isn't an underhanded dig at something or someone?

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

It was pretty stupid. Cars don't explode upon impact. She should have dialed 911 on her cell phone and asked what to do.

It sounds like the woman panicked. As long as the car wasn't on fire, it would have been better to wait for paramedics.

Same deal with removing someone's helmet if they come off a motorcycle. You don't do it - unless they're choking or not breathing.

Don't you ever watch TV or movies? Of course they do ...

Perhaps she had watched too many movies...

[mox 298]

Typical for California.

Also typical for the other 49.

[Sister Fracas 5]

There goes THAT friendship....

[Ban Hammer 14,289]

Anyone who pulls someone out of a car "like a rag doll" that is not in imminent danger is a moron and deserves to be sued.

And it's not just in California. Every state in the union has a Good Samaritan law, and they all have the "due care" clause.

It was pretty stupid. Cars don't explode upon impact. She should have dialed 911 on her cell phone and asked what to do.

ford pinto, anyone?