Good Samaritan Sued

Submitted by: Charizzo 8 years ago in
http://news.yahoo.com/s/ap/20081218/ap_on_re_us/samaritan_protection

Making sure that no good deed goes unpunished.
There are 110 comments:
Female 41
wow. That`s drated up
0
Reply
Female 98
Who needs enemies when you got friends like that.
0
Reply
Female 779
What an ungrateful bitch. o.o
0
Reply
Female 195
While I can understand the need to wait for a paramedic to insure the safety of the victim, I can completely understand the friend`s mindset. I`m sure that bitch wouldn`t be so ungrateful had she actually almost died.
0
Reply
Female 687
wow shoulda left that bitch in there.
:D
0
Reply
Male 212
thats why you let your friend burn
0
Reply
Male 871
The car was smoking and leaking a liquid it was a reasonable assumption that it was a little dangerous to leave the injured person in the car.
Stories like this make me want to vomit this is the lowest of the low this is about greed and about vindictiveness and about lashing out at someone else for your own misfortune, and proves that humans will stoop to any low .
0
Reply
Male 5,194
>>you shouldn`t move anyone after an accident unless you are trained to do so OR their life is in immediate danger

Agreed - and this is exactly why. A neck injury can turn someone into a paraplegic for life if the situation isn`t handled correctly. Everybody wants to be the hero, even though the correct thing to do would be to wait until a paramedic can arrive and immobilize the head. Hero-girl`s stupid, lame excuse was "she thought the car was going to explode" - like in some sorry old movie where the cars always burst into flames after every wreck, right? Blame it on the movies? She should know better.

0
Reply
Male 1,596
there`s no mention of insurance in this article, the injured woman surely should have been covered, it`s a shame her condition needs to be covered by the one person there who could have done something differently but chose to act immediately. although I don`t know the full scale of the accident it was the driver who not only was directly involved in the crash but managed to affect the passenger`s life in two dramatic ways.
0
Reply
Female 1,260
California sucks! Yeah, I live there too. This place is getting more ridiculous every day. I wonder if there is some way the doctors can determine if the crash was responsible for this ungrateful bitch`s paralysis or if it actually was caused by her friend who feared for the ungrateful bitch`s life. Maybe that will help the gal being sued, I don`t know, but you`ve got to be one cold, mean, ugly spirited person to sue someone for trying to save you. Believe me, it`s not often someone stops to help at an accident in this state anymore...they all just rubberneck and back up traffic (more than usual!) Nobody wants to `get involved`. I wonder...if the car HAD blown up - who would have sued who then?
0
Reply
Female 316
you`re supposed to be protected by law for moving an injured person if there is reason to believe that the car will explode or catch on fire.

what a bitch...

0
Reply
Male 871
Did everyone posting since turtlegirl 39 just ignore her post or not read it completely?
The rescuer testified there was liquid and smoke coming from the crashed car!
I consider myself a calm person but I would want to take someone from a car that was smoking and leaking liquid just in case!
0
Reply
Male 189
Yeah i agree you shouldn`t move anyone after an accident unless you are trained to do so OR their life is in immediate danger. If the car was on fire then the good samiritan done the right thing by moving the person. If not then they shouldn`t have. But to be honest if a friend is in trouble it can be an automatic protective instinct to get them out of that trouble. In general its just a horrible situation for both parties. One is paralysed... the other is being sued and may be totally emotionally crippled with guild for perhaps being responsible for paralysing their own friend :(
0
Reply
Male 895
Americans can be such blaming cnuts, I mean, `she blames her friend`.... Thtnks for saving my life, but fcuck you!
0
Reply
Male 1,596
for all the over excited people saying "we don`t know all the facts", yeah we don`t that`s the point in writing these things - giving an opinion
0
Reply
Male 42
doesn`t everyone know that your not supposed to move an injured person unless absolutly nessicary? i know he was trying to do the right thing but still...
0
Reply
Male 1,596
everyone, or at least the vast majority of people know you shouldn`t move someone immediately after an accident at least without proper medical training and by the description "ragdoll" I think the person deserves compensation for the actions of her over panicky friend.
0
Reply
Male 2,148
Ok, so the woman can`t prove her paralysis was caused by her forceful removal from the car. Innocent until proven guilty, so the good samaritan shouldn`t have to pay a dime.

This IS in California, though, so I don`t know.

0
Reply
Female 1,142
Reminds me of the first accident I got into. She (the driver) was screaming at the top of her lungs "GET OUTTA THE CAR, GET OUT OF THE CAR!"
We (the passengers) got the Hell out of the car, confused as to why we were commanded to do so with such urgency.
Turns out our girl thought that after you crash a car, it just sets fire and explodes. Funny stuff.

And now I thank god that none of us had to be pulled out. :|

0
Reply
Female 1,653
the paraplegic one could at least have said thankyou...
That is quite rude.
0
Reply
Male 1,685
*disappointed sigh accompanied with a slow head shake*
0
Reply
Male 2,313
"Only in America...and I`m serious...ONLY in america"

You`re dumb, and I`m serious, YOU`RE dumb.

0
Reply
Male 756
The American justice system needs a MAJOR overhaul. People can sue for the stupidest sh*t now.

It`s just like how they say if you need to shoot a bugler in your home in self defense, kill them. If not, they can sue you for their injuries. How screwed up is that?!

0
Reply
Male 612
Only in America...and I`m serious...ONLY in america
0
Reply
Female 5
Ms. Torti testifies she saw smoke and liquid coming from the crashed car. Anxious to get Ms. Van Horn out of the car before it exploded, Ms. Torti grabbed the arm of her fellow department store cosmetician and pulled her from the vehicle.review journal
0
Reply
Male 4,546
"Everyone knows... "

No. No they don`t. Allow me to break down possible scenarios here:

1) She thought she was helping.
2) She thought, meh, what the hell, she looks fine, she`ll prolly be fine, but I`ll drag her out of the car for no reason.
3) She thought muahahaha I bet she`ll be paraplegic after this.


Out of those, which is the most likely?

0
Reply
Male 779
People will sue for anything now-a-days. During my lifeguard training, they told us to refrain from helping someone choking on something until they pass out, that way we are protected from being sued.

Look at what you`re doing America, we`re not allowed to help you until you`re almost dead. All because of people like this.

0
Reply
Female 12
People can say all they want that "Everyone knows not to move someone that has a potential back or neck injury"...but the fact of the matter is that not everyone knows about this. And for that matter, if one of your good friends was potentially in a life threatening situation, would you really sit there for a few minutes and asses "Hmmm, her spinal cord looks cracked, maybe I shouldn`t move her," or "Her necks looks weird, maybe I should leave her alone". NO, YOU WOULDN`T.
Also, we don`t know the absolute facts of what actually happened. The care could have been leaking gas, there could have been fire, and yes, whether you want to believe it or not, a car could potentially explode when it is in a car reck (trust me, been there).
Personally, I would be giving my friend all the thanks in the world for rescuing me, even if I were paralyzed. At least I would still be alive and not possibly 6 feet under ground.
0
Reply
Female 385
So the article never said it even caught on fire. I`m rethinking what is i said before. unless there it was more evident the car would have sploded maybe she should have left alone till help arrived.
0
Reply
Male 7,378
shame she didn`t kill her
0
Reply
Male 265
Everyone knows that if someone has potential neck or back injury the proper thing to do is to keep them still until medics arrive, unless it is absolutely necessary (like car on fire necessary).
0
Reply
Male 11,739
Next time I`m there and I see someone in a wreck I`ll let the bitch die. I`m not getting sued for trying to save someone`s life. I did pull someone out of a flipped car once. I wasn`t thanked because she was completely drunk but I was sued either.
0
Reply
Female 252
That`s very sad for both of them.
0
Reply
Female 354
sorry that a person was trying to save ya.. what a unfortunate thing
0
Reply
Female 329
@Nytewulf: she was a passenger in the car I believe.

I don`t think she should be suing, but they didn`t give enough information. I want to know what happened to the driver and were there flames? they didn`t say if flames were or were not there. Of course if there were flames this very skewed news report probably would have mentioned it.

0
Reply
Female 2,064
Unfortunately, this isn`t the only case like this. e_e
0
Reply
Male 302
The point is she did NOT need to be pulled out of the car. Cars don`t explode because of accidents. Unless gas is pouring all over the place and their is a risk of fire, there is no problem with her remaining where she was.

If the car was on fire, she wouldn`t have been sued no matter how she pulled her out. If she needed immediate medical attention (such as unable to breathe) and it was impossible to render in the car, she could have pulled her out as well. This case doesn`t change any of that and those would still be protected.

Fault for paralysis isn`t decided yet, so I`m not saying that was her fault. Just saying, good samaritan laws still stand and still protect people who try to help. But it doesn`t, nor should it protect negligent actions.


0
Reply
Male 2,344
"You saved my life, you douche bag! I am going to sue you!"
0
Reply
Male 1,129
if you`re paralized why sue.... its not like you can enjoy the money.(yes i know that being paralized costs a lot for additional medical care, im just making a point)
0
Reply
Male 3,619
should have left her in the car. ofc i would also be frustrated in the "victims" place, but still.
0
Reply
Male 633
There is a law in Canada where you cannot be sued....is not liable for damages that result from the person`s negligence in acting or failing to act while providing the services.....

This is a travesty of American Justice and yes "basketkase" someone will be sued or worse die because of this.

0
Reply
Male 112
Nope, legally the rescuer is completely at fault. At least they would be in Australia, as has been said if you go and try and help some one at a car accident you then assume a duty of care.

Before you move anyone you should do the following

Turn the car off.
Remove the battery.
Check for hazards.

YOU LEAVE THE REMOVAL OF THE PERSON TO THE MEDICS. Unless there is a serious chance of fire, or something like that.

0
Reply
Male 1,182
next time someone doesn`t help there gonna get sued for negligence or some bullsh-it
0
Reply
Male 1,182
how exactly did she want to be pulled out of the car?

the American red cross suggests pulling someone out of a dangerous situation by dragging them by the shirt which is most likely how this women did it.

what a skank

0
Reply
Male 513
If that b*tch could drive in the first place, she wouldn`t be in this mess.
0
Reply
Male 222
Hope that ungrateful idiot dies. Honestly.
0
Reply
Female 109
what a troll vag!
0
Reply
Male 1,002
Wow.. That lady deserves to be more than paraplegic after that. Sure, Torti probably would`ve acted differently if she was a paramedic, but come on - she was trying to save her friend`s life!
0
Reply
Male 871
I know this the next time I visit the US if ai happen across an accident I wont be stopping to help.
Things are getting as bad on this side of the pond too people are being sued left right and centre for the most ridiculous things and who is winning?
the bloody solicitors who are making a fortune from spurious negligence claims.
0
Reply
Male 244
People would be pissed had the friend remained inactive if something had happened.

Something I don`t believe anyone`s touched on: In a situation like a serious car accident, not all of us have EMS training. You know not to move the body, so do I -- in a situation like this where we`re worried, we`re not trained to stay calm, we may do things we otherwise wouldn`t, things we learned not to do for the sake of good samaritanship.

0
Reply
Male 103
It makes sense to me... If your in a car wreck and the cars on fire, you want to stay calm and not move an injured person... Its one of the first rules in emergency aid! Moving the person could damage the spine (leading to paralysis) best to wait for the professionals.
But that was a pretty crappy move on her friend to sue her :-P
0
Reply
Male 1,361
not appreciating a good samaritan is bad enough but seriously, sueing them?

good God, some people really are arent they?

0
Reply
Male 11
http://www.buzzle.com/articles/when-fren...

http://www.npr.org/templates/story/story...

http://www.reuters.com/article/oddlyEnou...

http://business.timesonline.co.uk/tol/business/law/article2047646.ece

Oh my God! I can`t believe what I see. All you high and mighty Europeans should stop the circle jerk for a second and read these articles. It happens all over the world.

-Note I`m only addressing the `high and mighty Europeans`. I actually understand that a small sample of a group of people doesn`t represent how the rest act.

0
Reply
Male 9,305
Triple please don`t go there, it`s a horrid road to a flame war and it`s insulting. I agree that it`s infuriating but don`t think for a second that selfish people ONLY exist in America, Europe has it`s share of snobs and preps too.
0
Reply
Male 1,086
Well you`re not supposed to move people who are terribly injured unless you know what to do but sueing someone for helping you is stupid.
0
Reply
Male 360
Thats a pretty crappy friend
0
Reply
Female 430
I`m thinking slamming into a pole at 45 miles an hour did most of the damage to her body not being pulled out...
0
Reply
Male 82
At least the rescuer had the right intent and will to act even if the situation has taken a turn for the worst. I wonder if the driver of the car is also being sued. Just a note to other good samaritans: if a person is injured moving them is the least desirable option. It can lead to nerve damage, massive bleeds, shock, etc. Move an injured person carefully and only as much as is needed to ensure their imminent safety/health.
0
Reply
Female 68
It doesn`t matter how she removed her friend from the car that`s the point, the point is that her so called `friend` is suing somebody who tried to help her, seriously drated up and so bloody american
0
Reply
Male 410
well floks if I ever seen you in an accident and I can help you live, you`re screwed because I`ll be dammed if I`m gonna get sued for it.
0
Reply
Male 493
Well, I`ve taken a first-aid course, and I think I understand how this all works. Usually, if you think the situation is dangerous, you just call emergency services and stay away, don`t risk your own life like that.

But with what I`ve learned, one thing I do know is that you should never move an unconscious person like that, ESPECIALLY if you suspect a neck injury. Just doing it like a ragdoll is bad enough.

It`s hard to pin the blame on this one, but the woman who pulled the other woman from the car did act negligently. And explosions? Nonsense.

0
Reply
Male 1,766
poor guy hes damned if he did and damned if he didnt
0
Reply
Male 959
There are some really ill-informed comments on here:

First of all if the injured lady had broken her back or neck then, yes, it was the action of moving her that caused the paralysis, not the accident.

Secondly, cars rarely catch fire after an accident. The `rescuer` would have been far better turning off the engine. And only move her as a last resort, like there were flames coming licking the gas tank.

Sounds to me like she got a bit hysterical after witnessing the accident and made things a whole lot worse.

So kids. Turn off the ignition, get into the back seat of the car, and support the injured person`s neck until the emergency services arrive.

0
Reply
Male 1,788
What no one has really mentioned, is regardless of the chances that the car won`t explode, the chances that the dumb bitch could have burned to death because cars do tend to catch on fire fairly frequently after major crashes like that.

Shoulda let her burn...

0
Reply
Male 60
what a drating bitch, god that pisses me off how good people get blamed by total pricks. she should of left her there to die.
0
Reply
Male 1,270
I`m PRETTY sure there`s a difference between `can be sued` and `sued`...

But maybe I`m just weird like that?

0
Reply
Female 471
i was in this EXACT same position once. I was driving late one night and the car infront of me slammed head-on into a tree. There were three (drunk) kids in the car, all but the driver got out. the car caught on fire and i pulled the driver out cause i thought it might explode or something. man i know exactly where she is coming from. she was just trying to save her friend.
0
Reply
Male 588
Wow...let`s see you try and convince a jury that it was her rescue, and not the original accident, that caused the injury.

The other thing to remember is that most of these cases it`s just about insurance. Her lawyer is probably trying to get as many people as possible to be liable so she can recover from their insurance. There have been cases where children sue their parents just so that they can collect the insurance money. It`s no hard feelings, but sometimes that`s the only way to get the money. In those cases it`s really the insurance company fighting the case.

0
Reply
Female 58
You know, it reminds me of something I read about once; apparently a man`s car fell off the side of the road after another car practically hit him. He ended up landing upside-down in a swampy area, cold and alone and unable to get out of the car or use his cellphone. He honked his horn, but none of the cars passing noticed. Then, as it turns out, another car ended up falling into the same swampy area and knocking his into a position where he could get out. Later on, he sued the person for hitting his car. :-( Talk about ungrateful!
0
Reply
Female 44
Mmmkay. Obviously, it`s media, and they want us to overreact in favor of one party or another, so we definitely aren`t getting all the facts, just the pertinent and emotionally charged ones.

I think that the girl apparently pulled the other one from the car was probably in a panic at the time. I know that if I saw a friend of mine hit a pole, I wouldn`t be rationally considering how to approach the situation, I`d be running over, asking if she was all right, and trying to get her safe. I`ve been in a similar situation.

I don`t think, unless the girl already had a broken back or neck from the crash, that a single person trying to pull her from the car would cause her paralysis.

So, I guess what I`m saying is the media sucks, and both people prolly don`t remember the event exactly as it happened, and like has been said already in the comments, the paralyzed one wants someone or something to blame.

0
Reply
Male 906
good friend shes got there >.>
0
Reply
Male 4,680
""Obviously she`s really upset about losing mobility forgetting that death was also a possible outcome. She just wants someone to blame. It probably hasn`t even sunk in that money isn`t going to bring back her mobility. She wants her to suffer. Misery loves company."

+1

Exactly what I was thinking."

+2

Not what I was thinking but I agree 100%

0
Reply
Male 1,347
i agree with you undead. a car isnt all that likely to explode
0
Reply
Male 33
I`m now worried that we`ll get a case, later down the line, where a person`s life could have been saved (or at least be less injured than they were) had someone stepped in, but instead they stood aside and just rang the emergency services, and said person ends up being prosecuted for failing to act.

Thus leading to a case of rather than trying to help people, instead we`ll all be weighing up whether helping or not helping will be less harmful to us, instead of just diving in to try and save someone`s life.

As for the "why did she think the car might explode" stuff, ever thought she may have seen the crash, and just immediately pulled up, jumped from the car and immediately pulled the person from their car regardless, just to be damned sure. Quite often people will just act on instinct in those situations.

0
Reply
Female 654
Srsly, you`re not supposed to touch ANYONE who has been in any form of accident in-case you may cause them further injury.

The lawsuit isn`t that bad, but sueing is kinda harsh. Maybe staying angry at the person and then letting it cool over for a good few weeks would be more appropriate <_<

Come to think about it, all Americans do is sue.

0
Reply
Male 516
"Obviously she`s really upset about losing mobility forgetting that death was also a possible outcome. She just wants someone to blame. It probably hasn`t even sunk in that money isn`t going to bring back her mobility. She wants her to suffer. Misery loves company."

+1

Exactly what I was thinking.

0
Reply
Female 213
Uh. Cars don`t explode from running into poles. This isn`t the drating movies.

And it is incredibly stupid to pull someone who might have a spinal injury from a car by yourself if you don`t have any medical training. She should have called the drating ambulance.


Most of you are flipping your poo about this, and you don`t even know the whole story. Chill.

0
Reply
Male 928
The lawsuit isn`t THAT crazy.
0
Reply
Female 15,763
Whatever happened to that good Samaritan law? Stating that if you think someone`s life is in danger and try to save them but also end up hurting them on accident, you can`t be sued..?

Having that said, why did the woman think the car was going to explode? It was just wrecked, not like.. on fire..

0
Reply
Male 67
F*ck that ungrateful b*tch! I hope she falls down some stairs and dies...and then I hope someone shoots her in her throat.
0
Reply
Male 1,297
"I guess the moral of the story is to not follow people that run into poles."

he is right you know

0
Reply
Female 924
"You NEVER move a victim if there`s a chance of spinal injury, unless there is more imminent danger."

Not quite true. If the victim is unconscious, you should get him/her in the recovery position. If the victim is not breathing and/or the heart is not beating you do CPR. If the person is unconscious, there is an imminent danger because the person might suffocate if he/she is not in the correct position.

0
Reply
Male 147
Now this sort of thing just makes me mad. I`m sorta on the side of the victim becuase cars don`t usually explode after a 45 mph crash. However, I wasn`t there. I don`t know how busy that road was, if there might of been a fire, or how I would react to seeing my best friend crash into a poll. One thing I do know for certain, you should be obligated to do everything you can for someone in need.

Although we don`t need stupid people trying to help and making it worse.

0
Reply
Female 1,211
I remember this story. It disgusts me that the good samaritan would get sued. California`s so messed up. Ugh.
0
Reply
Male 889
if some dumb bitch sued me for that i`d just pay the money and insult her for being paralyzed for the rest of her life

"hey julie up for jogging?"

0
Reply
Male 292
You NEVER move a victim if there`s a chance of spinal injury, unless there is more imminent danger. But the car exploding? Unless it was on fire and leaking gasoline, no dice. She`s seen too many movies.
0
Reply
2,767
bunch of savages in this world...
0
Reply
Female 458
I love that they keep writing it as "her friend." They`re not going to be friends anymore, I`m sure.
0
Reply
Female 385
Obviously she`s really upset about losing mobility forgetting that death was also a possible outcome. She just wants someone to blame. It probably hasn`t even sunk in that money isn`t going to bring back her mobility. She wants her to suffer. Misery loves company.
0
Reply
Male 196
If she didn`t help, and the car did explode, would she have sued her for not helping?

I guess the moral of the story is to not follow people that run into poles.

0
Reply
Male 1,232
Wow, what a bitch.
0
Reply
Male 309
of course, van horn, who just slammed into a drating pole at 45 miles an hour, was completly aware of how she was being pulled from the wreckage
0
Reply
Male 1,765
She`s suing because she was saved from a potential danger? What a bitch.
0
Reply
Female 1,004
Oh! i know what this reminds me of!
The Incredibles! When he saves that guy who jumped from the building....

Yeah, I`ll shut up now.

0
Reply
Female 182
I doubt that if she pulled her out so hard that she`d be able to do "medical care"

Common sence should be more common.

0
Reply
Female 182
Because cars that hit poles normally explode?
0
Reply
Male 871
Another example of the bad in humanity I blame lawyers! they are the scum of the earth trying to make money from others misery.
That comment about not taking action because it looks like it may cause more harm than good!
beggars belief, I dont know anyone who happens to carry around in their car a mobile x-ray machine and unless they are superman with x-ray vision how the bloody hell are they supposed to know if a bone is fratured you eedjit!!!!! ¬_¬
for most their instinct is to try and help their fellow human only people with some sort of sociopathic tendancy or a complete disregard for others would walk on by whilst someone is injured although after that tale I`m sure there will probably be a few less good samaritans.
0
Reply
Female 751
what IS the world coming to? It`s not like this person KNEW pulling her out of the car would parlyze her, if they did it would be malicious. Geeze, at least give the person credit for their kind act before you sue them into bankruptsy.
0
Reply
Male 35
they sounds like real bffs
0
Reply
Male 19
SuperJesus, yes, pulling someone from a car against their will, is infact rape. total and complete rape. upside down and backwards. rape. rape you hear me? rape.


this makes sense, I promise

0
Reply
Male 762
I dont have any sympathy for her , just because there is an immediate chance of danger you should never do something , for example pull her out the car , if it looks like it will cause more harm than good
0
Reply
Female 1,004
If I were the judge, that would be an easy ruling.
"Wow. You are a dumbass. Next case!"
0
Reply
Female 221
First the world gets mad at people for not helping, and now people are mad at people for helping. I think that people just want to depressed and never see the good things in life, and that is the reason behind this.
0
Reply
Male 386
If the person being pulled from the car was saying "NO" then it`s ,i guess, a kind of rape. Really, if the person said no AND wasn`t
paraplegic BEFORE being pulled out, then the girl shouldn`t have saved them.
However, if she didn`t cause the damage then the person she saved is a rectum-circle.
0
Reply
Male 557
she pulled her out "like a ragdoll"? what? how would that be like, was she unconscious at the time? because by god, if someone was pulling me out of a car, and it HURT LIKE A MOTHER BlTCH! i would tell the person, because everyone knows it would hurt to be paralyzed by being PULL OUT OF A CAR...
welcome to America... enjoy your stay.
0
Reply
Male 338
wow thats dumb. ftw.
0
Reply
Female 665
God, that makes me angry.
0
Reply
Male 436
I hate people.

That`s why I don`t have friends. And if I see someone`s dumbass in a car accident, I keep driving. drat trying to help you when you would GLADLY turn around and drat me over.

People are non-nice individuals.

0
Reply
Male 338
What is wrong with this world?
0
Reply
Male 668
Link: Good Samaritan Sued [Rate Link] - Making sure that no good deed goes unpunished.
0
Reply