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The news clip: Good Samaritan to be sued
The print story: Good Samaritan to be sued
Alexandra Van Horn claims that Lisa Torti pulled her out of the vehicle, which had just crashed into a lamp post at 45mph, "like a rag doll" and contributed to her injuries.
Miss Torti, who was travelling in the car behind, says she believed the wrecked vehicle was about to burst into flames.
In a landmark decision that critics have said only proves the maxim that no good deed goes unpunished, the court decided that California's Good Samaritan law only protects people from liability if they are administering emergency aid.
Justice Carlos Moreno noted in the ruling that people were not obligated to come to someone's aid but, if they did so, they had a "duty to exercise due care".
The 4-3 ruling was criticised by dissenting judges as "illogical" and that the legislation clearly aimed "to encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid".
The two women and three other staff from a San Fernando Valley department store had gone out to a bar on Halloween for a night of drinking and dancing, leaving at 1.30am in two cars. [BJ's note: gee, I wonder if they were intoxicated; then this whole case should be thrown out ]
Ms Van Horn's lawyers questioned why Ms Torti, having pulled her out by her shoulder, "dropped" her next to the car if she believed it was about to explode.
"The moral here is if you are rescuing or helping someone in an emergency, be sure and administer some medical care. Carry Band-Aids!" said Jim Porter, a California lawyer.
The print story: Good Samaritan to be sued
Alexandra Van Horn claims that Lisa Torti pulled her out of the vehicle, which had just crashed into a lamp post at 45mph, "like a rag doll" and contributed to her injuries.
Miss Torti, who was travelling in the car behind, says she believed the wrecked vehicle was about to burst into flames.
In a landmark decision that critics have said only proves the maxim that no good deed goes unpunished, the court decided that California's Good Samaritan law only protects people from liability if they are administering emergency aid.
Justice Carlos Moreno noted in the ruling that people were not obligated to come to someone's aid but, if they did so, they had a "duty to exercise due care".
The 4-3 ruling was criticised by dissenting judges as "illogical" and that the legislation clearly aimed "to encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid".
The two women and three other staff from a San Fernando Valley department store had gone out to a bar on Halloween for a night of drinking and dancing, leaving at 1.30am in two cars. [BJ's note: gee, I wonder if they were intoxicated; then this whole case should be thrown out ]
Ms Van Horn's lawyers questioned why Ms Torti, having pulled her out by her shoulder, "dropped" her next to the car if she believed it was about to explode.
"The moral here is if you are rescuing or helping someone in an emergency, be sure and administer some medical care. Carry Band-Aids!" said Jim Porter, a California lawyer.
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