A Woman Sues A Good Samaritan For Rescuing Her From A Car Wreck

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 for comment.

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[rb2112002]

Obama Biden poster? Sorry, I just lost all respect..

[DobermansRock]

Damn Obama poster has got to go. Get with the times man he is a bad POTUS.

[samurai7411]

In all likelihood, the woman was paralyzed in the crash, and is giving up her friendship for a quick score. The amount of force required to move someone in any direction and cause paralysis is enormous. I'm sure her lawyer just told her, "Hey, you can make more money by betraying your friend." Freakin Judas

[twistedyogert]

YES!!! Let me die!!!

[rb2112002]

@246alive I think a damp sponge would have been better.

[246alive]

@rb2112002 i suppose sarah palin would have been better right.... she thought AFRICA was a COUNTRY.

[Madmann135]

@Craftbrew28

The real problem is that we do not know what was going on. In all likely hood the accident happened in the street, the two cars were blocking the street and one individual thought that the woman in the car was in danger because the car was mangled. If the woman was in no immediate threat then she should have been left there. Instead of looking at things through the view of the Good Samaritan look at through the view of the one who is paralyzed for life.

[Craftbrew28]

Either way she reacted, and she tried to help. Suing someone for helping is bull, no matter how you look at it. It is a big *F*** you to the person who cared enough to try to save. Greed will kill us all one day...

[Craftbrew28]

I think She was just doing what she thought was right, and I do not blame her. I would rather have the fact that I helped but hurt her, then I didn't help and she died, on my conscience, And also just because she was injured doesn't mean she was dying, and she could have just as easily been sued if she hadn't of helped, and the woman burned to death.

[Craftbrew28]

OK, the problem with this contry is that people sue for everything, we all wonder why there is no money, and we are in a recession. I am sorry to say this, but cars can catch on fire, and even if an engine is off, if there is still flame and gas is leaking, then yes a car can be engulfed in flames.

[justposner]

I wouldn't pull her out because pulling makes no difference. If she's dying in the wreck, she will still be dying whether you pull her out or leave her be. I wouldn't go near the car anyway, in case it blows up in my face. Give her a few minutes to clear her head and likely she'll crawl out herself. It's just logic. We don't have get over-emotional.

[Madmann135]

The guy made the wrong decision and paralyzed her.

Cars only explode in movies, in reality if the engine is running and in the worst shape imaginable the car could, rarely, ignite. If he turned the engine off then there would have been less a chance for the car to ignite.

He should have only moved her if the car was in immediate threat of being in a second accident.

Though he tried to do the right thing he did the worst thing to do in the situation and, sadly, I think the lawsuit is justified.