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Court Allows Suit Against Good Samaritan

Woman pulled her now-paralyzed friend from crashed car

By John Johnson,  Newser Staff

Posted Dec 18, 2008 6:50 PM CST

(Newser) – Good Samaritans, beware: California's Supreme Court ruled today that a paralyzed woman can sue the friend who pulled her out of a crashed car. The victim contends that her friend, who feared the car was about to erupt into flames, pulled her out "like a rag doll" and contributed to her injuries. The court ruled that because the friend was not specifically providing medical care, she is not immune from a lawsuit, the Los Angeles Times reports.

The 4-3 ruling declared that while no one is obligated to help at the scene of an emergency, those who do must "exercise due care." It also specified that the state's Good Samaritan law protects only those who provide medical attention—and pulling someone from a car doesn't qualify. The dissenting judges criticized that distinction as far too narrow.

Good Samaritans aren't immune from lawsuits, a new court ruling says.
Good Samaritans aren't immune from lawsuits, a new court ruling says.   (Shutter Stock)
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COMMENTS
Showing 3 of 10 comments
lawmaven
Mar 30, 2011 10:46 AM CDT
I know that this is an old feed, but for those who stumble upon it, I thought you might be interested to know that the California Good Samaritan law was subsequently amended in August 2009 to be broader. See Health & Safety Code, section 1799.102.
Zebraone
Dec 21, 2008 4:18 AM CST
I hope the bitch regains the use of her 'body' and feels agony for the rest of her 'life'
riffran
Dec 20, 2008 11:18 PM CST
Taking this story purely on face value, and barring any bizzare facts not covered, which may change the story......The now paraplegic person is an ungratefull despicable sorry excuse for a human being. She should be happy she isn't in a burn ward, sucking a morphine cocktail to keep from screaming out loud in pain...The good samaritin law needs to be changed. The fallout from this travesty of so called justice, is going to leave a lot of people in dire straits bleeding or worse, due to fear of litigation...I can see it now....."Hey buddy if you sign this waiver of litigation, I can apply direct pressure to your gushing leg wound, or you can just bleed out....your choice"....as riduculous as that sounds, you just wait and see.....riff

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