Good Samaritan to be sued

deepimpact2 · #1 12-22-2008, 11:02 PM

http://news.yahoo.com/s/ap/20081218/...tan_protection

I think this will be a very difficult case to try. But this is why people just prefer to leave people alone even when they need help.

Kevin · #2 12-23-2008, 01:21 AM

It's going to be awfully hard to sell this to a jury.

deepimpact2 · #3 12-23-2008, 01:33 AM

most definitely.

She's a first class jerk for doing this.

scbelle · #4 12-23-2008, 09:25 AM

I can understand Van Horn's disappointment with her prognosis, and maybe even her need to blame someone for her lot in life. But suing her friend for coming to her aid is ridiculous. The court said that no one in obligated to come to aid, and if one does, then s/he must exercise due care. I guess I'd agree with that, except that as someone who had a relationship with Van Horn, Torti, I believe was reacting to a very stressful situation the best way she knew how. She cared for her friend and wanted to protect her, so I think her feelings may have affected her in that situation.

Kevin · #5 12-23-2008, 09:50 AM

While this situation might not be ideal for the doctrine, there are better situations which, IMHO, prove its usefulness. For example, if you need CPR, and instead, I decide to repeatedly punch you in the chest, breaking your ribs, yelling "WAKE UP DAMN YOU!!" then I am probably going to be liable.

If, however, you are drowning and I dislocate your arm while pulling you back in, I'll probably be alright because I'm probably acting with reasonable care.

deepimpact2 · #6 12-23-2008, 10:17 AM

Quote:

Originally Posted by Kevin

While this situation might not be ideal for the doctrine, there are better situations which, IMHO, prove its usefulness. For example, if you need CPR, and instead, I decide to repeatedly punch you in the chest, breaking your ribs, yelling "WAKE UP DAMN YOU!!" then I am probably going to be liable.

If, however, you are drowning and I dislocate your arm while pulling you back in, I'll probably be alright because I'm probably acting with reasonable care.

lmao at the CPR example

I suppose the woman who is bringing the suit will argue that her friend did not use reasonable care.

smh

33girl · #7 12-23-2008, 10:19 AM

I don't think this has a thing to do w/ being a Good Samaritan - it sounds like there is something going on between these 2 "friends."

deepimpact2 · #8 12-23-2008, 10:50 AM

Quote:

Originally Posted by 33girl

I don't think this has a thing to do w/ being a Good Samaritan - it sounds like there is something going on between these 2 "friends."

I never thought about it that way. You may be right. But even so, the court is just going to be looking at the legal aspect and that I think is where the real problem comes in.

Kevin · #9 12-23-2008, 10:58 AM

Quote:

Originally Posted by deepimpact2

I never thought about it that way. You may be right. But even so, the court is just going to be looking at the legal aspect and that I think is where the real problem comes in.

All this case tells us is that the question of negligence here is one of fact -- a question for a jury to decide.

I think 12 people can probably get this one right. Before expressing my moral outrage either way, I prefer to be familiar with the facts.

KSigkid · #10 12-23-2008, 11:24 AM

Quote:

Originally Posted by Kevin

All this case tells us is that the question of negligence here is one of fact -- a question for a jury to decide.

I think 12 people can probably get this one right. Before expressing my moral outrage either way, I prefer to be familiar with the facts.

Exactly - plaintiff's counsel is going to have one heck of a problem here. Plaintiff's counsel would be wise in trying to just get out of this with some settlement, instead of ending up with a defense verdict.

deepimpact2 · #11 12-23-2008, 12:32 PM

Quote:

Originally Posted by KSigkid

Exactly - plaintiff's counsel is going to have one heck of a problem here. Plaintiff's counsel would be wise in trying to just get out of this with some settlement, instead of ending up with a defense verdict.

I don't even see how they could get a settlement honestly.

KSigkid · #12 12-23-2008, 12:36 PM

Quote:

Originally Posted by deepimpact2

I don't even see how they could get a settlement honestly.

It depends on the risk-averse nature of the defendant. If they really don't want to deal with this anymore, they could ask their attorney to just work out a settlement before trial. Without knowing more about the case, it certainly looks like they'd have a strong chance at a defense verdict, but who knows.

Kevin · #13 12-23-2008, 12:41 PM

There's a reason only <1% of cases ever make it to trial. There's a vast difference between paying something and not having to go through a trial and the possibility of being held liable for such a traumatic injury.

WCsweet<3 · #14 12-23-2008, 01:56 PM

This could be the new wave of television lawyers.

Have you been injured while someone was saving your life? Had mental anguish while someone helped you in a bad situation? My name is Ick Ay and I am a personal injury lawyer. My clients have been coming to me for years. I will fight to make them pay. You can take those results to the bank.
Please call us at 555-777-222

scbelle · #15 12-23-2008, 02:00 PM

I'm going to have to seriously consider ever stopping to help anyone, now. I've had to get used to being required to stop if I ever see anyone in trouble in Germany (it's the law to do so here), and I guess when I move back next summer, I'll have to remember to steer clear of situations that have potential for a lawsuit...