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California Court Rules “Good Samaritans” Can Be Sued
A Semi-News/Semi-Satire from AzConservative ^ | 20 Dec 2008 | John Semmens

Posted on 12/21/2008 5:29:32 PM PST by John Semmens

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1 posted on 12/21/2008 5:29:33 PM PST by John Semmens
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To: John Semmens

No good deed shall go unpunished.


2 posted on 12/21/2008 5:32:14 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: John Semmens

“Accident? There was an accident here?

Sorry, I didn’t notice. The big red “LAWSUIT ALERT” in my head kept me from helping.”

Way to go lawyers — let’s undermine the legislation AND ensure no one in their right mind renders aid.


3 posted on 12/21/2008 5:33:03 PM PST by freedumb2003 (Der neuen Fuhrer: AKA the Murdering Messiah: Keep your powder dry, folks)
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To: John Semmens

Good one, John.


4 posted on 12/21/2008 5:34:42 PM PST by Tax-chick ("And the rum is for all your good vices.")
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To: John Semmens

Disgusting.


5 posted on 12/21/2008 5:34:51 PM PST by Centurion2000 (To protect and defend ... against all enemies, foreign and domestic .... by any means necessary.)
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To: John Semmens
Life imitates art...
6 posted on 12/21/2008 5:35:37 PM PST by GQuagmire ( A person is smart. People are dumb, panicky dangerous animals and you know it.)
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To: John Semmens

Simply crazy! help someone get sued, don’t help them get sued. Heck next thing they will pass a law saying that if you are near a accident that the victims can sue you just for being there. Insanity rules in modern America.


7 posted on 12/21/2008 5:39:53 PM PST by jedi150
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To: John Semmens

CA is sure creating that spirit of being a good and friendly neighbor.....


8 posted on 12/21/2008 5:41:24 PM PST by Kimmers
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To: John Semmens

“Judge Peter Pettifogger “

This is a joke, right?

How did Ca become such a screwed up state?


9 posted on 12/21/2008 5:42:25 PM PST by y6162 (ater)
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To: John Semmens

Y’know, these postings of yours are a real pain in the ass sometimes. They are too close to reality and not funny. It is hard enough to stay ahead of cynicism without your help. FWIW.


10 posted on 12/21/2008 5:43:13 PM PST by hinckley buzzard
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To: John Semmens

The name of the clown judge is actually Pettifogger?

Reminds me of the “Shoe” comic strip featuring Senator Bedfellow.


11 posted on 12/21/2008 5:44:13 PM PST by Jacquerie (The forgotten clause - Nor prohibiting the free exercise thereof.)
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To: John Semmens

Trial lawyers and judges continue their efforts to destroy our society. Unfortunately, they are succeeding.


12 posted on 12/21/2008 5:44:57 PM PST by detective
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To: John Semmens

It would be ironic if some member of the Ca SC needed assistance and failed to get it because of this ruling. It has the makings of a Night Gallery episode.


13 posted on 12/21/2008 5:45:08 PM PST by mkmensinger
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To: John Semmens

This sounds unfair until you realize that if people couldn’t be sued under all circumstances, trial lawyers would be deprived of potential income.

See. Doesn’t it seem more fair now?


14 posted on 12/21/2008 5:54:29 PM PST by SampleMan (Community Organizer: What liberals do when they run out of college, before they run out of Marxism.)
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To: John Semmens

The line that catches my eye is the attitude about Accident victims have suffered already. I take it to mean, then, if one is unlucky enough to just pass by let alone try to help..well we should just face it..we are going to have to fork over our hard earned dollars to this accident victim who will also sue the guy who hit or actually caused the initial accident, the highway dept, etc...
So we too need to lawyer up to counter sue..lets tie up the courts real good..
This is just outrageous.


15 posted on 12/21/2008 6:00:07 PM PST by celtic gal
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To: John Semmens
Unfortunately, his satire is true:

California Supreme Court allows good Samaritans to be sued for nonmedical care

By Carol J. Williams
December 19, 2008

Being a good Samaritan in California just got a little riskier.

The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical.

The divided high court appeared to signal that rescue efforts are the responsibility of trained professionals. It was also thought to be the first ruling by the court that someone who intervened in an accident in good faith could be sued.

Lisa Torti of Northridge allegedly worsened the injuries suffered by Alexandra Van Horn by yanking her "like a rag doll" from the wrecked car on Topanga Canyon Boulevard.

Torti now faces possible liability for injuries suffered by Van Horn, a fellow department store cosmetician who was rendered a paraplegic in the accident that ended a night of Halloween revelry in 2004.

But in a sharp dissent, three of the seven justices said that by making a distinction between medical care and emergency response, the court was placing "an arbitrary and unreasonable limitation" on protections for those trying to help.

http://www.latimes.com/news/local/la-me-good-samaritan19-2008dec19,0,4033454.story


16 posted on 12/21/2008 6:01:10 PM PST by CedarDave (Under Obama, yesterday's pork-laden earmarks have become tomorrow's economic stimulus projects)
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To: CedarDave

Damned if you do,
damned if you don’t......


17 posted on 12/21/2008 6:02:52 PM PST by 9422WMR (When seconds count, the cops are only minutes away.)
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To: John Semmens
Just reading the excerpt can easily create a knee jerk reaction. We don't know exactly what happen.

It could very well be possible that the rescuer used no reasonable caution to pull the victim out and actually compounded the injury and could have made a recoverable injury permanent. I'm betting this is what happened.

18 posted on 12/21/2008 6:05:48 PM PST by John123 (The US may be going down the drain, but everyone else will drown first...)
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To: John Semmens

Calif. Court: Would-be Good Samaritan can be sued
http://www.freerepublic.com/focus/f-news/2152133/posts

Calif. Court: Would-be Good Samaritan can be sued
http://www.freerepublic.com/focus/f-news/2151214/posts

California Supreme Court allows good Samaritans to be sued for nonmedical care
http://www.freerepublic.com/focus/f-news/2152041/posts

California Supreme Court allows good Samaritans to be sued for nonmedical care
http://www.freerepublic.com/focus/f-news/2151501/posts

Calif. Court: Would-be Good Samaritan can be sued
http://www.freerepublic.com/focus/f-news/2151214/posts


19 posted on 12/21/2008 6:39:54 PM PST by PAR35
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To: John123; CedarDave; John Semmens; 9422WMR; celtic gal; SampleMan; mkmensinger; detective; ...
Torti now faces possible liability for injuries suffered by Van Horn, a fellow department store cosmetician who was rendered a paraplegic in the accident that ended a night of Halloween revelry in 2004.

John Semmens Just reading the excerpt can easily create a knee jerk reaction. We don't know exactly what happen. It could very well be possible that the rescuer used no reasonable caution to pull the victim out and actually compounded the injury and could have made a recoverable injury permanent. I'm betting this is what happened.

What's reasonable depends on circumstances. If the car were on fire, it would be reasonable to remove the passenger from the car immediately even at the risk of worsening injuries. I was taught that in the case of suspected spinal cord injuries, let the professional emergency responders move an accident victim unless there is an immediate threat to life. I wonder how bright a typical cosmetitian is. Also just imagine the opportunity for trial lawyers the next time a 7+ earthquake strikes in California.

20 posted on 12/21/2008 6:40:50 PM PST by Paleo Conservative (Drill Here. Drill Now. Pay Less.)
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