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EDITORIAL: California schemin'

Try to save a friend in danger, face a lawsuit

Lisa Torti and her former friend Alexandra Van Horn worked together at a San Fernando Valley department store in 2004. They and three co-workers went out to a bar on Halloween for a night of drinking and dancing, departing at 1:30 the following morning in two cars.

Ms. Van Horn was a front-seat passenger in the first vehicle, piloted by Anthony Glen Watson. Ms. Torti rode in the second car. After Mr. Watson's car crashed into a light pole while going 45 mph on Topanga Canyon Boulevard, Ms. Torti and her companion pulled over and rushed to help Mr. Watson's passengers escape the wreckage.


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  • Ms. Torti testifies she saw smoke and liquid coming from the crashed car. Anxious to get Ms. Van Horn out of the car before it exploded, Ms. Torti grabbed the arm of her fellow department store cosmetician and pulled her from the vehicle.

    Ms. Van Horn, who suffered permanent damage to her spinal cord in the accident and is now a paraplegic, sued Mr. Watson, of course. But she also sued her former friend Ms. Torti, asserting Ms. Torti worsened her injury by grabbing her arm and yanking her out of the car "like a rag doll."

    There's friendship, it seems, and then there's lawyers.

    Ms. Van Horn's lawsuit against Ms. Torti was summarily dismissed in Los Angeles County Superior Court because -- surprisingly enough -- it turns out California has a sensible law that would appear to cover such cases. In 1980, the Legislature enacted a Health and Safety Code which provides that, "No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from an act or omission."

    The plaintiff appealed. The case went to the California Supreme Court. And Thursday, California's highest court ruled Ms. Van Horn can indeed sue her former friend Ms. Torti, because the law -- surprise! -- doesn't mean what it appears to mean to us non-lawyers, at all.

    Because the Legislature placed said statute in the section of the state code dealing with emergency medical care, even though the statute doesn't include the adjective "medical," the lawmakers actually meant such protection from lawsuits to apply only to medical personnel doing medical stuff -- not to non-professionals such as Ms. Torti -- the sharply divided Sacramento high court ruled.

    Now, some will hold that anyone should have access to the courts to sue anyone for anything. In a "loser pays" regime -- where there would be real costs to bringing an action not likely to prevail before a jury -- that position might be easier to defend. As it is, however, most such cases settle, with the only "loser" supposedly being an insurance company, which spreads the vast costs of litigation and settlement among all policy-holders.

    It can also be noted that moving someone who may have a spinal injury is unwise; some might hold a jury might best determine whether Ms. Torti showed the judgment expected of a reasonable person when she weighed that risk against the risk that the vehicle might explode.

    And all might wish to see the injured Ms. Van Horn get enough money to cover her medical expenses.

    In the real world, however, the lawyers will be looking for a "pain and suffering" award far exceeding costs -- and even arguing that Ms. Torti, now a 30-year-old Las Vegas interior designer, prevented Ms. Van Horn from realizing her dream of becoming a Hollywood makeup woman.

    More importantly, such rulings make it far less likely that anyone in California -- medical professional or not -- is going to take the chance to stop and aid an accident victim in distress.

    Writing for the three dissenting judges, Justice Marvin R. Baxter called the ruling "illogical" because it recognizes immunity for nonprofessionals administering medical care while denying it for potentially life-saving actions like pulling a drowning person from the water.

    Under this hair-splitting and highly creative decision, "One who dives into swirling waters to retrieve a drowning swimmer can be sued for incidental injury he or she causes while bringing the victim to shore, but is immune for harm he or she produces while thereafter trying to revive the victim," Justice Baxter writes. "Here, the result is that defendant Torti has no immunity for her bravery in pulling her injured friend from a crashed vehicle, even if she reasonably believed it might be about to explode."

    Once again, the lawyers in the black robes have restored the "open season" for their cohorts and accomplices of the trial bar. As in the death of a thousand cuts, once again it's been made just a little more expensive -- and a little weirder and more dangerous -- to live in California.

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    Report abuse

    Torbjorn Andersson wrote on January 06, 2009 06:28 PM: Lady Justice is blindfolded here in Sweden, however, i sure hope that we have the strength to refrain from having her lobotomized like her US sister.


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    dennis1944 wrote on December 23, 2008 05:42 PM: The key words here are: "involved in an accident". No one is required by law to render any aid to anyone if not "involved". Of course our resident, idiot filled judiciary will probably change this, just as their counterpart idiots in the Peoples Republic of (bankrupt again) California have done. They all seem to be vocabularily chalenged as well as mentally challenged. Of course WE keep electing them. I guess we get what we deserve.


    Report abuse

    Ronnie wrote on December 23, 2008 04:05 PM: Dearest Time Ranger;

    EXACTLY! No need to smear me, I only provided information as set forth in the law...and as such there is a duty upon those involved in an accident (and inter alia, not any on those not involved-duh!).

    Perhaps YOU should work on your cognative abilities-no need to thank me for providing the relevant statutes for the R-J readers!


    Report abuse

    TimeRanger wrote on December 23, 2008 11:50 AM: Ronnie, Even If that accident happened in Nevada, NRS 484.223 would still not apply because Torti was NOT INVOLVED in the accident. Now please go back to your Comprehension-101 class.


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    dennis1944 wrote on December 23, 2008 11:47 AM: This is what can be expeced from the retarded legal "system" in the P.R.C. I say "fine", If in The P.R.C. and see an accident, I will be more than happy to do nothing to risk my well being, even if the "supreme court justices" burn to death. Idiots.


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    Ronnie wrote on December 23, 2008 11:17 AM: "NRS 484.223 Duty to give information and render aid.

    1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

    (c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person."


    Hope this reminds people that there are laws in Nevada that address these issue.

    Class dismissed!


    Report abuse

    Ronnie wrote on December 23, 2008 11:15 AM: "NRS 484.219 Duty to stop at scene of accident involving death or personal injury; penalty.

    1. The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

    2. Every such stop must be made without obstructing traffic more than is necessary.

    3. A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000."


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    Brendan Perez wrote on December 23, 2008 11:11 AM: The same people who believe that machine guns with fire rates of 600rds/minute can fire for dozens of seconds without reloading the 30 rd magazine attached or that people are propelled backwards when they get shot most likely also believe that car crashes, rollovers, and fuel tank leaks all lead to explosions.

    A car exploding or even going up in flames after a crash is extremely rare. This really needs to be taught in drivers ed. How many people have been crippled or killed because an uninformed bystander yanked them out of a vehicle unnecessarily?


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    Steve wrote on December 23, 2008 10:28 AM: No, you are not liable if you do not stop. There is no law that compels you to do anything to aid anyone in these types of situations. But it certainly is horrible that our society would encourage such behavior via our court rulings.

    As far as her doing the 'right thing' by pulling her 'friend' out. We could all second guess her decision, but she at least has a plausible rationale for doing what she did for her 'friend'.


    Report abuse

    Tim wrote on December 23, 2008 09:55 AM: If I see someone in trouble and do not help, am I not somehow legally liable for that? Can I be sued accordingly?


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