Navigation

Primary Navigation

Secondary Navigation

Editor's Corner

Back to Editor's Corner home

Search

Good Samaritan faces lawsuit

Mon Dec 22 02:12PM

A court in the United States has ruled that a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car can be sued.

The Supreme Court of California has declared that the state's Good Samaritan law only protects people from liability if they are administering emergency medical care.

Justice Carlos Moreno ruled 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.

According to the lawsuit, on 1 November 2004 Alexandra Van Horn was in the front passenger seat of a car that crashed into a lamp post at 45 mph. Lisa Torti was a passenger in a car that was following Van Horn and stopped after the crash.

According to Torti she feared the wreckage was going to explode and she therefore pulled her friend out. Van Horn has testified that Torti pulled her out of the wreckage ‘like a rag doll' and blamed her for her paralysis.

Torti argues that she should be protected from a lawsuit because she was giving ‘medical care' when she pulled Van Horn from the car.

(Note: We are currently experiencing delays with our comments feature. We apologise for any delay in your comment going live)

Comments31 - 40 of 1404

what a f#cking joke! she sound have the left the @#$% in the car and hoped it expoded

From philipgiblin on Mon Dec 22 03:29PM
Report abuse
This is unbelievable. It's a wonder American's have the attitude of turn the other way when they see something going on. So much for spreading peace and good will.

From tynanjos on Mon Dec 22 03:29PM
Report abuse
Don't think they're friends any more!

From adonaldsonuk on Mon Dec 22 03:29PM
Report abuse
thats not fair why should she be sued for helping a freind,nice freind you have there,she was trying to help you i think you should think again!

From ljirven on Mon Dec 22 03:29PM
Report abuse
Only in america would someone think to sue someone else who tried to help them this person has no morals.

From brynclegg_4 on Mon Dec 22 03:30PM
Report abuse
How ridiculous - Is it any wonder people are reluctant to help each other these days.

From helenoldroyd1 on Mon Dec 22 03:30PM
Report abuse
This is typical of Americans they seem to sue for everything and anything. Soon people will be afraid to breath without being accused of doing something. Only in America do people sue their own friends and family....

From funkystevey04 on Mon Dec 22 03:30PM
Report abuse
If the car had exploded and the friend had ended up badly burned or killed, how would the Good Samaritan feel? Surely to try to help is far better than standing by leaving a casualty in potential danger. Unfortunately in this case it ended tragically anyway as now the injured person is severely disabled. This 'sue everyone and anyone' mentality that prevails in the US makes a lot of people refrain from genuinely helping others for fear of being sued.

From trishdabnor on Mon Dec 22 03:30PM
Report abuse
only in america.... but be patient it will come here to

From archieramsay777 on Mon Dec 22 03:30PM
Report abuse
The World, or at least this part of it HAS gone insane. It is truly sad, but if I see you a victim of an accident, or an assault or a medical emergency I will leave you to die in fear of a legal action. Not all old values are bad. Not all new values are good!

From davedelacour58 on Mon Dec 22 03:30PM
Report abuse