California Woman Who Helped Officemate Out Of Car Crash Facing Lawsuit In State Supreme Court

December 19, 2008 5:22 a.m. EST

Sacramento, CA (AHN) - In a 4-3 vote, the California Supreme Court ruled on Thursday that good Samaritans who unintentionally harm victims they tried to help are open for a lawsuit.

The decision, in effect, places in question the state's 1980 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 any act or omission."

Justice Carlos Moreno, writing for the majority decision, explained the code's intent was to grant immunity from liability for civil damages only persons who in good faith gave emergency medical care at the scene of a medical emergency. But the three dissenting justices argued the legislation clearly established its purpose was to encourage people not to ignore those in need of emergency assistance, but to show compassion and give the necessary help.

The case arose from a lawsuit filed against cosmetician Lisa Torti by co-worker Alexandra Van Horn, who became a paraplegic as a result of a vehicular accident on Topanga Canyon Road in 2004. Van Horn alleged Torti contributed to her injuries by pulling her out of the car, which is a non-medical form of assistance.

Van Horn also sued the driver of the car she was riding, Anthony Glen Watson. When the driver and passengers of the second car where Torti was riding saw Watson's car crashed a light pole, it stopped and they rushed to help Watson's two passenger move out of the wreckage. Van Horn, in her deposition, said Torti grabbed her arm and pulled her out like a rag doll.

Justice Marvin Baxter, said the majority opinion was illogical. In a dissenting opinion, Baxter explained, "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 victims... 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."