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12/19/2008 11:40 AM ID: 75603 Permalink   

Crash Victim to Sue Friend who Saved Her Life

 

A woman who was pulled from her crashed vehicle by a friend who feared it was going to explode is to sue her saviour after a US court ruled that her actions were not of a medical nature and may have worsened the injuries already sustained.

The 2004 car crash on Topanga Canyon Boulevard inflicted spinal injuries to Alexandra Van Horn and it is alleged that by yanking her from the vehicle "like a rag doll", friend Lisa Torti caused further injury, leaving the victim a paraplegic.

The case raises issues concerning the liability faced by Good Samaritans who could be sued for saving a person in a way which did not include revival or other forms of lifesaving medical treatment at the scene.

 
  Source: www.latimes.com  
    WebReporter: Flashby Show Calling Card      
  Recommendation:  
ASSESS this news: BLOCK this news. Reason:
   
  34 Comments
  
  ,.,.,,  
 
That girl has watched way too much tv.
 
  by: splicer   12/19/2008 12:13 PM     
  I imagine  
 
that had the car actually caught fire or exploded- and she survived - she would have sued her friend for leaving her there.
 
  by: Kroww   12/19/2008 12:47 PM     
  @ story  
 
How do they know the difference in injuries sustained in the crash and being pulled out of the car?

I hope people leave Alexandra Van Horn alone next time she is in trouble.
If the suit is successful it will be a deterrent to helping people.
This world keeps getting sadder.
 
  by: Convivial   12/19/2008 01:01 PM     
  This is why...  
 
...so many people fear doing the right thing. I mean I've heard dozens of times of people who say they hope they never have to use CPR on someone out of fear of being sued, even if nobody has been sued from actually doing CPR, we just live in a sue-happy culture that can make people hesitant to act. Even with the good samaritan laws and all, people are afraid.. this woman should be ashamed of herself.
 
  by: vash_the_stampede     12/19/2008 01:08 PM     
  Appreciation Fail!  
 
I'm no legal expert, but shouldn't the Good Samaritan friend be in the clear here?

In the guy from the movie "Saw"
"Some people are so ungrateful to be alive."
 
  by: C.O.G.   12/19/2008 01:35 PM     
  oops  
 
In the *voice of the* guy from the movie "Saw"
 
  by: C.O.G.   12/19/2008 01:36 PM     
  Probably get thrown out of court  
 
If a person saves your life, you can't sue them. Ungrateful people try to and often fail.

I had a friend that saved a lady's life by giving her CPR. He did the thing where you rip open the shirt and do compressions. The lady wasn't wearing a bra and so she was exposed to the public.

She turned around and sued my friend. The judge basically said, "This man saved your life, and now you're turning around and sueing him?" The judge threw the case out and said, not in my court room.
 
  by: Whiskers   12/19/2008 01:47 PM     
  Well this just proves my theory  
 
<deleted by admin>
 
  by: TheWorldDeservesHate   12/19/2008 02:27 PM     
  lol  
 
Should have let the ungrateful *itch burn.
 
  by: mavkain   12/19/2008 04:02 PM     
  @ TheWorldDeservesHate  
 
Why are you here?

And if you are so ready to take a life. Come to my house... I'll give you one of my own guns and we'll see how ready you truly are. Actions speak louder than words and weak-minded people put themselves before others.
 
  by: nasty.anon   12/19/2008 04:04 PM     
  @vash  
 
I'm pretty sure I read a store on SN a few weeks ago where a guy saved someone's life with CPR but got sued because he cracked a rib.
 
  by: silentrage   12/19/2008 04:20 PM     
  Actually,  
 
Alexandra is suing Lisa's insurance company. It's business, not personal.
 
  by: walter3ca   12/19/2008 05:15 PM     
  hehe @ theworld  
 
You know... I was told once, "the loudest in the room is the weakest." Go hide in your basement. If you decide to murder someone, make sure its in the south, godspeed to you, the flies shall feast on your corpse and the world shall be a better place.
 
  by: swordfizh   12/19/2008 06:37 PM     
  Sounds like  
 
TheWorldDeservesHate has been reading too much ayn rand...
 
  by: Ub3rTristan   12/19/2008 07:04 PM     
  Theworlddeserveshate...  
 
...is one thing for certain. A virgin.
 
  by: barryriley   12/19/2008 07:28 PM     
  please don't feed the troll!  
 
worlddeserveshate=troll
all the comments i've read since he/she/it joined up (which, surprise, was today) have been extremely trollish in nature.

As for the story, I guess since this woman became disabled she has nothing better to do with her time and has become a bitter, lonely person. No doubt a great deal poorer due to medical costs but I don't see how she can justify holding the person who tried to help her responsible. It appears she also sued the driver of the vehicle she was in, who ran into a poll. Even though the "rescuer" panicked and didn't handle the situation correctly suing should not be the right/accepted way to respond to the situation.
 
  by: calilac     12/19/2008 07:42 PM     
  @World  
 
Get off the site. We dont care about you either. So shut up. You're annoying and have nothing literate or insightful to add to our forum.
Piss off - Merry Christmas!
 
  by: misscinna   12/19/2008 08:27 PM     
  In Germany  
 
If you see an accident you are required by law to assist. If you do not assist and someone is injured then you are legally responsible. If you assist and they are injured then you are protected by the law.
 
  by: zephan     12/19/2008 08:50 PM     
  Sorry to say  
 
This is part of the reason I let my CPR certification lapse. Not going to do it. To many nut jobs.
 
  by: Jaded Fox     12/19/2008 09:34 PM     
  I would...  
 
I would totally sue a dude if he was trying to some kinda cpr on me.

but seriously, boo @ alexandra van horn. she was just trying to help. and its your fault that you hang out with a tard that will throw you around like a rag doll after you've been in a car accident.

now that i look at it, i had nothing constructive to say. well, as they say, if you dont have anything nice to say - put it on the internet.
 
  by: teh_epic     12/20/2008 12:10 AM     
  Well  
 
It was her lifes dream to become a Hollywood make up artist which is now unachievable according to her attorney. I call bullshit her arms still work and she can still apply makeup even if it is from a wheelchair.

The court has set a very scary precident that will likely stop people from helping others. I know if I was in CA I would be leery to help at a scene of an accident right now.
 
  by: TaraB     12/20/2008 12:25 AM     
  @silentrage  
 
You're probably not doing CPR correctly if you don't crack a rib. That's the first thing I remember them telling us in training (way back when) is that on the first compression you will probably hear some cracking as ribs break, but if your compressions are in the right spot (i.e. not too close to the sternum) then you'll be doing them a favor by saving (or helping to save until the EMTs arrive) their life - broken ribs will heal.

Besides, IIRC, CPR doesn't restart your heart, it's simply a way to manually exercise one's heart and get blood to the brain until the paramedics can arrive and take over or use a defibrillator to restart the heart.
 
  by: StringBlade   12/20/2008 02:00 AM     
  Actually...  
 
I was taught, oh so long ago, as a Boy Scout and have remembered very well, but have never had an opportunity to use...

When someone is in a car wreck or you come upon an injured person YOU DO NOT MOVE THEM because of neck and spine injury, this is when I was 10 years old people over 30 years ago I knew this!

If the car was going to explode or she was reasonably assuming it COULD explode there was a technique that allowed one person to simply or complexly allow one to remove a spine injured person.

Place one hand each on each shoulder, use your forearms to brace the head/neck and squeeze slightly with your forearms (you are basically being the living "collar" that paramedics are placing around a tramatic injured persons neck to stabalize it from moving and causing MORE damage.

You then grasp the shirt or jacket at their shoulders while keeping forearms taunt and then 'dragging' the person out.

But as a mototcyclest also, I still want a sticker on my helmet to inform any "GOOD SAMARITAN" to BE CAUTIOUS I may have a neck injury and to NOT REMOVE my helmet.

Poor girls they are both in the shite so-to-speak.
 
  by: RAD     12/20/2008 02:36 AM     
  Even with so-called Good Samaritan laws  
 
I am leery of putting hands on an injured person after an incident occurred where a doctor stopped and rendered emergency aid at an auto accident on I-95. He stabilized the victim and remained at the site until paramedics arrived and took over.

The ungrateful driver of the car later sued the doctor for not following up on the case, even though he made a successful recovery. The case was dismissed but this incident caused the Rhode Island legislature to enact a Good Samaritan law to protect emergency care-givers from lawsuits.

When I see an accident I place a call for help on my cell phone and keep going. There is always that bit of distrust of the motives of my fellow Americans.
 
  by: white albino   12/20/2008 03:52 AM     
  @RAD  
 
Not everyone has had your training. Most people will lose their cool in situations, especially if the thoughts of being sued afterwards are racing through one's mind.

"Alexandra is suing Lisa's insurance company. It's business, not personal."
No where in the source article does it say that. Link?
 
  by: goran   12/20/2008 04:15 AM     
  Americans and their suing  
 
There was a case a number of years ago where a customer chose to dine outside at a restaurant and got stung by a bee and sued the restaurant and got $3mill. The person happened to be highly allergic to bee stings.
 
  by: mbartnz   12/20/2008 10:15 AM     
  Idiot  
 
There are laws that protect Good Samaritans from being sued otherwise no one will assist people in accidents. There was a real story of an old woman who was having a heart attack, collapsed and stopped breathing, a Good Samaritan came to her aid and did CPR. A few days later the guy visited her in the hospital to see how she was doing. She looked well but then the proceeded to tell her that he had Aids. The woman sued the guy for potentially giving her Aids. The court ruled against her due to the fact that if she wasn't rescued by the Good Samaritan she would've ended up.... dead.
 
  by: aysos   12/20/2008 01:18 PM     
  @c.o.g.  
 
You are some kinda pushy 'Christian'but you watch crap like Saw?

Good luck in the after-life.
 
  by: theironboard     12/20/2008 03:48 PM     
  @ironboard  
 
im a christian and i love SAW does that mean im going to hell?
 
  by: groomsy     12/20/2008 08:42 PM     
  @ calilac  
 
ppl who call ppl trolls == trolls
 
  by: lolcats   12/22/2008 02:58 AM     
  @StringBlade  
 
A defib does not restart a heart, common falacy. If a heart has completly stopped it is over for hte person, nothing will help. However if the heart is in one of the fibulations then a Defib will help. A defib 'shocks' the heart forcing it to reset its rythum, hopefully into a normal rythum.

CPR has a high change of breaking the ribs, and you could not be sued for breaking ribs (as long as you had a valid CPR certificate).

Unless there is a fire in the car, leave the person in the car and just disable the engine!
 
  by: ssxxxssssss   12/22/2008 03:13 AM     
  @lolcats  
 
very constructive. i commend you *golf clap*
 
  by: calilac     12/22/2008 03:30 AM     
  When I die  
 
I want to go quietly, in my sleep, like my Grandfather did.

Not screaming in terror like all the passengers in his car.

RIP
 
  by: white albino   12/22/2008 11:34 AM     
  @Lolcats  
 
People who call people who call other people trolls = trolls

@Story: Stupid. Because of stuff like this, I don't carry my CPR / AED card. If I see you get into trouble, you better pray that I can save you without touching you. I don't care if you're being mauled by lions, I'll jump in and help (you, not the lions), but I'm not touching you.
 
  by: erasedgod   12/23/2008 09:25 PM     
 
 
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