The California Supreme Court ruled against a woman on Thursday who provided aid to her co-worker at the scene of a car crash. Lisa Torti allegedly made worse the injuries of Alexandra Van Horn when she pulled her “like a rag doll” from the wrecked vehicle.
The high court of seven justices were divided 4-3 but sent a clear signal that rescue efforts are the responsibility of trained professionals. The ruling is also the first time that the California justices have opened the door for litigation against people who render non-medical aid in good faith.
In 1980, the Legislature enacted the Health and Safety Code, which stated 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.”
There were three dissenting justices who argued that the above mentioned legislation was clearly “to encourage persons not to pass by those in need of emergency help, but to show compassion and render the necessary aid.”
Torti, Van Horn and three other co-workers from the San Fernando Valley partied on Halloween 2004, leaving a bar at 1:30 a.m. after a night of dancing and drinking. The group was traveling in two cars. Van Horn was a front seat passenger in a car that crashed into a light pole at a speed of approximately 45 mph.
The second vehicle pulled up behind the crash vehicle and Torti, the passenger, reportedly saw smoke and liquid coming from the crash vehicle and feared a fire and explosion. She immediately plucked Van Horn from the crash vehicle and deposited her onto the ground.
Van Horn suffered permanent damage to her spinal cord as a result of the vertebrae injury and is now a paraplegic. Her lawsuit alleges that Torti’s action made matters worse. The case will go to trial in 2009.
Check out a video detailing the facts below.