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No Good Deed Goes Unpunished... - 12/20/2008 4:30:58 PM

hizgeorgiapeach

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Think twice in the future about acting as a good samaritan if you happen to be in California. Seems a judge in the Granola State has given the go ahead nod to a woman to Sue to coworker that pulled her out of a car wreck - because the woman is now paralyzed, and claims she wouldn't be if rescuing her had been left to a Professional.

http://abcnews.go.com/Video/playerIndex?id=6499723

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RE: No Good Deed Goes Unpunished... - 12/20/2008 4:40:21 PM

Sanity

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I wonder if the same judges would allow someone to be sued if they failed to help in a similar situation?

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RE: No Good Deed Goes Unpunished... - 12/20/2008 4:52:23 PM

bluepanda

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Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

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RE: No Good Deed Goes Unpunished... - 12/20/2008 4:56:53 PM

Lynnxz

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Meh... if the car wasn't on fire she shouldn't have moved her. There's people out there that get all weird when 'helping', and end up doing more harm than good.

< Message edited by Lynnxz -- 12/20/2008 4:57:11 PM >

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RE: No Good Deed Goes Unpunished... - 12/20/2008 5:16:50 PM

bluepanda

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quote:

ORIGINAL: Lynnxz

Meh... if the car wasn't on fire she shouldn't have moved her. There's people out there that get all weird when 'helping', and end up doing more harm than good.

Well, I'll grant you she probably wasn't the sharpest knife on the tree, and yeah, people do some awfully dumb things in emergencies. But still, it sounds like it was a good faith error in judgment - she thought the smoke from the airbag was the early stage of a fire, if I recall correctly from what I've read of this case. Dumb? Sure. Tragic error? Absolutely. But tragic and dumb as it was, I think this one falls into the "shit happens" category.

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RE: No Good Deed Goes Unpunished... - 12/20/2008 7:29:56 PM

Aneirin

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I heard something similar to this, a squaddie found a woman unconscious after a bit of drinking, so he went into professional mode and did his thing, he according to first aid procedures, loosened her clothing, then cleared the airway of puke, gave CPR, and got her into recovery, then phoned the medics, basic first aid. Later the woman had him on charges for possibly groping her, because he loosened restrictive clothing. The Judge said to her in court, perhaps next time people should just let you die.

Personally given this sue, sue mentality we seem to have, my first aid training is restricted to those whom I know.

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RE: No Good Deed Goes Unpunished... - 12/20/2008 7:46:48 PM

bluepanda

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quote:

ORIGINAL: Aneirin

Later the woman had him on charges for possibly groping her, because he loosened restrictive clothing. The Judge said to her in court, perhaps next time people should just let you die.

I don't know where you live, but wherever it is, if your judges are elected officials, I would be delighted to contribute to his next campaign.

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RE: No Good Deed Goes Unpunished... - 12/20/2008 8:28:01 PM

thornhappy

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quote:

ORIGINAL: bluepanda
But still, it sounds like it was a good faith error in judgment - she thought the smoke from the airbag was the early stage of a fire, if I recall correctly from what I've read of this case. Dumb? Sure. Tragic error? Absolutely. But tragic and dumb as it was, I think this one falls into the "shit happens" category.

I totaled a car on a business trip in FL along with the truck I hit. The other driver turned in front of me and there was no time to stop.

Both airbags went off and between being completely stunned by the collision and scared shitless (because the car was heading off the road as it pleased), I thought the damn thing was on fire. The propellant generated a lot of smoke (I got some minor burns from the airbag) and the first thing I did was grab my purse and bail out.

So someone doesn't have to be inherently stupid to think the car's on fire.

thornhappy

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RE: No Good Deed Goes Unpunished... - 12/20/2008 9:19:01 PM

Termyn8or

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AHA, now the airbag manufacturers are subrogated. Someone with money.

Oh wait, used to have money.

T

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RE: No Good Deed Goes Unpunished... - 12/20/2008 11:29:07 PM

popeye1250

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From: New Hampshire
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quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

This isn't a bed judicial decision, that judge is fucking stupid!
ALL judges should be elected!
No exceptions!

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RE: No Good Deed Goes Unpunished... - 12/20/2008 11:42:32 PM

bluepanda

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quote:

ORIGINAL: popeye1250

quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

This isn't a bed judicial decision, that judge is fucking stupid!

And that's certainly another way to put it, much more to the point!

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RE: No Good Deed Goes Unpunished... - 12/20/2008 11:48:22 PM

slaveboyforyou

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I have mixed feelings on the issue. I heard about it on the news, and initially rolled my eyes. But you have to admit.....if you're in a wreck and some dumbass moves you and causes you to be paraplegic....you'd be pissed off.

(in reply to hizgeorgiapeach)

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RE: No Good Deed Goes Unpunished... - 12/20/2008 11:58:02 PM

bluepanda

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quote:

ORIGINAL: slaveboyforyou

I have mixed feelings on the issue. I heard about it on the news, and initially rolled my eyes. But you have to admit.....if you're in a wreck and some dumbass moves you and causes you to be paraplegic....you'd be pissed off.

Oh, sure I would. The woman's definitely got a right to be angry. But still, I think it just falls into the "shit happens" category. Terrible shit, to be sure, but I think it's not so much something someone did as it is something that just happened.

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RE: No Good Deed Goes Unpunished... - 12/20/2008 11:59:00 PM

Hippiekinkster

Posts: 5512
Joined: 11/20/2007
From: Liechtenstein
Status: offline

quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

I agree. OR there is some sort of principle being tested here, which is why the judge has given the suit standing. Be interesting to hear what Alma and Priest have to say about this. Remember when someone brought up the McDonald's coffee case as an example of "frivolous" lawsuits, and Alma did an outstanding job explaining why not only was it not frivolous, but why McDonalds was seriously in the wrong?

This will be interesting to follow.

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RE: No Good Deed Goes Unpunished... - 12/21/2008 12:01:12 AM

celticlord2112

Posts: 5732
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quote:

Think twice in the future about acting as a good samaritan if you happen to be in California. Seems a judge in the Granola State has given the go ahead nod to a woman to Sue to coworker that pulled her out of a car wreck - because the woman is now paralyzed, and claims she wouldn't be if rescuing her had been left to a Professional.

This will sound amazingly tangential and off topic, but this touches on one of the greatest educational failings in our society: Along with the traditional three Rs (Reading, 'Riting, 'Rithmatic) should be a fourth--Rendering Aid.

No, the coworker should not be sued, but had she known the basic principles of first aid and emergency care, the tragedy likely could have been avoided.

I am constantly amazed at the number of people who worry incessantly about their fellow man yet don't even take a standard CPR course. A little education and lawsuits like this don't happen.

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RE: No Good Deed Goes Unpunished... - 12/21/2008 12:01:31 AM

bluepanda

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quote:

ORIGINAL: Hippiekinkster

quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

I agree. OR there is some sort of principle being tested here, which is why the judge has given the suit standing. Be interesting to hear what Alma and Priest have to say about this. Remember when someone brought up the McDonald's coffee case as an example of "frivolous" lawsuits, and Alma did an outstanding job explaining why not only was it not frivolous, but why McDonalds was seriously in the wrong?

This will be interesting to follow.

Yeah, good point. Are they even over here? I miss 'em both. I'd like to hear them break this down.

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Panda, Panda, burning bright
In the forest of the night
What immortal hand or eye
Made you all black and white and roly-poly like that?

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RE: No Good Deed Goes Unpunished... - 12/21/2008 12:05:48 AM

Hippiekinkster

Posts: 5512
Joined: 11/20/2007
From: Liechtenstein
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quote:

ORIGINAL: bluepanda

quote:

ORIGINAL: Hippiekinkster

quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

I agree. OR there is some sort of principle being tested here, which is why the judge has given the suit standing. Be interesting to hear what Alma and Priest have to say about this. Remember when someone brought up the McDonald's coffee case as an example of "frivolous" lawsuits, and Alma did an outstanding job explaining why not only was it not frivolous, but why McDonalds was seriously in the wrong?

This will be interesting to follow.

Yeah, good point. Are they even over here? I miss 'em both. I'd like to hear them break this down.

No, I don't believe they are. DG had a decent legal mind as well, although he had some serious Vark-like hangups. You know he was in the DA's office in Little Rock, right?

This judge may have let this stand so that the "Good Samaritan" law could be strengthened. I dunno.

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RE: No Good Deed Goes Unpunished... - 12/21/2008 12:10:20 AM

bluepanda

Posts: 328
Joined: 12/12/2005
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quote:

ORIGINAL: Hippiekinkster

quote:

ORIGINAL: bluepanda

quote:

ORIGINAL: Hippiekinkster

quote:

ORIGINAL: bluepanda

Thething that makes this even more amazing - and even more disturbing - is that California has a "Good Samaritan" law that is supposed to protect would-be rescuers from exactly this sort of idiocy. One has to wonder what the point of such a law is if judges decide that pulling an injured victim out of a car that appears to be on fire does not consititute "emergency medical care." This is a very good example of a very bad judicial decision.

I agree. OR there is some sort of principle being tested here, which is why the judge has given the suit standing. Be interesting to hear what Alma and Priest have to say about this. Remember when someone brought up the McDonald's coffee case as an example of "frivolous" lawsuits, and Alma did an outstanding job explaining why not only was it not frivolous, but why McDonalds was seriously in the wrong?

This will be interesting to follow.

Yeah, good point. Are they even over here? I miss 'em both. I'd like to hear them break this down.

No, I don't believe they are. DG had a decent legal mind as well, although he had some serious Vark-like hangups. You know he was in the DA's office in Little Rock, right?

This judge may have let this stand so that the "Good Samaritan" law could be strengthened. I dunno.

I suppose that's possible, but from the article I read it didn't sound that way. But I'm no legal expert.

DG - jesus, i forgot all about him. What happened to him? He still around? I don't think I ever knew he was a lawyer. He was an aggressive debater, that;s for sure.

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Panda, Panda, burning bright
In the forest of the night
What immortal hand or eye
Made you all black and white and roly-poly like that?

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RE: No Good Deed Goes Unpunished... - 12/21/2008 1:01:16 AM

NuevaVida

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I thought it was common knowledge (at least it's been taught to me since grade school) NOT to move an injured person because you can't possibly know if there is a neck or spine injury and can possibly paralyze them for life. Always wait for rescuers. They have the tools and knowledge with which to handle injured people. I certainly do not. Having been involved in an accident in which two little ones were flung out into the street and knocked unconscious, I can assure you I stopped someone from trying to move them - traffic had already stopped and no one had any business risking further damage to those guys.

If the woman was right, she has a rightful claim. Did the good samaritan have a C-collar? A backboard and gurney? Knowledge of any possible dangerous lacerations? What if she was stabbed with a piece of metal from the car and moving her risked fatally tearing her open?

I'll echo the advice of, if the car isn't on fire (and the person is breathing), call for help and stay close, but do not move the person. You innocently risk further damage, as seen in this particular case. Ask yourselves, if it were you in the car and you were unnecessarily permanently paralyzed because a person with good intentions didn't stop and think before moving you...what would you do??

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RE: No Good Deed Goes Unpunished... - 12/21/2008 4:37:58 AM

Hippiekinkster

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Joined: 11/20/2007
From: Liechtenstein
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quote:

ORIGINAL: NuevaVida

I thought it was common knowledge (at least it's been taught to me since grade school) NOT to move an injured person because you can't possibly know if there is a neck or spine injury and can possibly paralyze them for life. Always wait for rescuers. They have the tools and knowledge with which to handle injured people. I certainly do not. Having been involved in an accident in which two little ones were flung out into the street and knocked unconscious, I can assure you I stopped someone from trying to move them - traffic had already stopped and no one had any business risking further damage to those guys.

If the woman was right, she has a rightful claim. Did the good samaritan have a C-collar? A backboard and gurney? Knowledge of any possible dangerous lacerations? What if she was stabbed with a piece of metal from the car and moving her risked fatally tearing her open?

I'll echo the advice of, if the car isn't on fire (and the person is breathing), call for help and stay close, but do not move the person. You innocently risk further damage, as seen in this particular case. Ask yourselves, if it were you in the car and you were unnecessarily permanently paralyzed because a person with good intentions didn't stop and think before moving you...what would you do??

Ummm, sometimes there isn't always time to take a time out, go to the library, research the proper rescue techniques, call an attorney and secure legal representation, then come back and wait for emergency personnel to arrive at the scene.

Unless you really want me to watch your ass flame on while I stand there and watch. I can do that. Just make sure there are instructions engraved on the outside of your vehicle. I wouldn't want to go against your wishes.

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