Calif. Court: Would-Be Good Samaritan Can Be Sued
By PAUL ELIAS
The Associated Press
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.
Looking at the Good Samaritan parable (Luke 10:25-37), Jesus makes it clear. Any neighbor (the original roots of this word suggest anyone you would have a fellowship with) who is in need is our primary responsibility and we must do what it takes to fulfill that need. Look at verse 33 carefully: "But a Samaritan, as he traveled, came where the man was; and when he saw him, he took pity on him." No hesitation. As soon as the Samaritan saw the wounded man, his compassion was immediate. There is no indication that the Samaritan ever saw the fallen man prior to this encounter, but his response was automatic. Note that the wounded man is never given an identification about who he was or where he was from. On the other hand, all passers-by were of different types. Bottom line: Irrespective of who we are, if any man or woman needs help, we must answer that call, without hesitation. I might get sued, yes. But, I would rather be sued than bear the knowledge of not providing vital help to a fallen neighbor. Our whole being is naturally inclined for the betterment of others.
It's mercy, folks. Have mercy for your neighbors, just as the Lord has shown his mercy towards us. Go above and beyond for your fellow man or woman. Oh Lord, have mercy on us, your litigious-minded children!
No comments:
Post a Comment