Posted on 12/18/2008 6:07:14 PM PST by NormsRevenge
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.
(Excerpt) Read more at sfgate.com ...
May none of these Justices ever be trapped in a burning vehicle after a crash.. or they may experience a special kind of justice.
If that isn’t the truth. Here this person risked her life to pull a friend to safety, and what she gets for it is legal exposure. If that car would have blown up, we wouldn’t be contemplating the penalty for being a hero.
I’m not arguing that a person with possible spinal injuries should be moved unless not doing so would be certain death. What choice is there then?
Is there any common sense in CA?
Well, I've actually never said that, but maybe I'll start now.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
We’re becoming Mexico.
Probably not. There is just endless news of the stupidity that is coming from that place.
Opening another can of stupid on an unsuspecting populace again I see. Eviscerating the concept of good samaritan protection of liability is going to lead to a lot of bystanders watching people be injured or die because they are afraid of being sued.
There are interpreting the law as written. It is up to the legislature to expand the Good Samaritan liability exception to include friends.
Why, hell . . . the Great One and Most Merciful From On High won’t let a newborn baby get emergency health care either if momma wants the Junior dead, so no Good Samaritan need apply in the nursery either.
Hey, it’s the culture of death (except of course for the whales and dolphins and domestic pets, and etc.), but humans are not to be helped.
What a bunch of a$$holes!
California is a very liberal state. They do not believe in the value of a human life. They only believe in selfishness and the right to comfort and easy living. That’s all you can expect in one of the most depraved cultures of the United States.
You’re right it shouldn’t matter if there is the risk of being sued. One saves a life for the sake of saving a life, not to receive payment.
While the political left also accepts abortions and doesn’t accept the death penalty for any criminal reasons.
Can we start hunting lawyers with dogs yet?
Kill the helpless unborn-good
Kill the helplessly ill-good
Stand there and watch somebody burn to death like an Eloi-Good
Execute a hard core killer-BAD you bigoted judgemental mouth breather.
Wow!
I bet Jerry, George, Elaine, and Kramer will be glad to hear about this!
Oh man, what a line...
Seinfeld, Elaine, Cramer & George would beg to differ.
In some states it’s a crime to NOT help.
Ah, geesh! I just saw Lancey Howard’s post. You beat me to it.
Geez........who you gonna believe?
From SFGate:
“Justice Carlos Moreno wrote for a unanimous court that a person is not obligated to come to someone’s aid.”
But, from the LA Times:
“The high court’s narrow definition of who qualifies for immunity when coming to the aid of an accident victim drew criticism within its own ranks, with three of the seven justices deeming the ruling “an arbitrary and unreasonable limitation” on protections for those trying to help.
Writing for the majority in the 4-3 ruling, Justice Carlos R. Moreno said the court’s primary duty was to determine the Legislature’s intent in immunizing from prosecution certain persons whose good Samaritan acts aggravate or inflict injury.”
http://www.latimes.com/news/local/la-me-good-samaritan19-2008dec19,0,4033454.story
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.