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Old 12-21-2008, 10:23 AM   #1
delicate %$^&*@ flower

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please stop and help me so I can sue you...

Well isn't this fun. Drive on by an accident and get sued for not helping or stop to help and get sued for being a caring citizen...

California Supreme Court Permits Lawsuit Against Good Samaritans For Non-Medical Care | AHN | December 21, 2008

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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."
Quote:
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.
I guess we all just need to turn the corner if we see an accident in the distance. Rock on California.

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Old 12-21-2008, 10:59 AM   #2
Genius!

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It's sad really. Damned if you do, and damned if you don't. What if said car was on fire? Let her burn or face getting sued for putting her in a wheel chair?

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Old 12-21-2008, 11:42 AM   #3
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there's no words for the stupidity of our country
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Old 12-21-2008, 11:51 AM   #4
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I hate this state.
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Old 12-21-2008, 11:51 AM   #5
that's what she said

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it seems as though Lisa (the good, oh, excuse me, sued samaritan) would have been sued either way. if she didn't help her friend the friend would have sued her for not helping. If the friend died the family would have sued her for not helping. people sue for the stupidest things and WIN!!! this is why there has to be warning labels on coffee, toys, shopping bags, everything. pretty soon there will have to be warning labels on warning labels, warning people that this is a warning label. it is frivilous lawsuits like these that make insurance rates so high. it is really sad that you have to protect people from themselves! i boiled a glass of water the other day to make tea. i took it out of the microwave put the tea bag in and let it sit for 2 mins. knowing that the tea was still boinilg hot, i took a sip any way. needless to say, i burned my mouth and tongue. should i sue the microwave company for allowing their microwave to heat water to a boiling point? Should i sue drilling company that drilled my well, allowing me to have water in the first place? Maybe Tetly, the tea company? How about my parents, for teaching me how to use the microwave or boil water? My husband perhaps, for allowing my dumb ass to make tea? this i the kind of logic some people use, which is sad.

but really, back to the point at hand. there is now legislation that encourages us not to help others. it is hard enough to get people to help in a non-dyre situation. so, what this legislation says to me is if you see an emergency leave, don't help, don't engage the victim in any way because YOU are now responsible for EVERYTHING. well my blood pressure just rose a few points, so, i guess i'll have to sue wranglerforum.com. and the person above me did not comfort me, so, i'll sue them too. and whoever posts below me i'll have to sue as well b/c they were too late. well, i'll see you all in court!!! (just kidding, please don't sue me over my comments)
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Old 12-21-2008, 11:57 AM   #6
that's what she said

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Quote:
Originally Posted by jpdocdave View Post
there's no words for the stupidity of our country
oh yes there are. try: affidavit, subpoena, allegation.....
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Old 12-21-2008, 11:58 AM   #7
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I think I'm offended! I needs to find a Lawyer!
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Old 12-21-2008, 12:15 PM   #8
Really?

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Oh $hit! This one has me a little worried.

Do you think poking a spleen with a stick would open me up for a lawsuit? Man, I knew I should have been satisfied with just taking the pictures!
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Old 12-21-2008, 12:37 PM   #9
that's what she said

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Quote:
Originally Posted by ccain View Post
Oh $hit! This one has me a little worried.

Do you think poking a spleen with a stick would open me up for a lawsuit? Man, I knew I should have been satisfied with just taking the pictures!

oh, so that was you!!! well now i know who to sue. ya know, my spleen still has little pieces of bark in it. every time i go camping birds try to nest in my spleen!
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Old 12-21-2008, 06:02 PM   #10
Really?

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That's OK, I have made enough internet money off the pics to offset the lawsuit. Of course, I have it hidden in a Swiss Bank. So, um.... Good luck!
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Old 12-21-2008, 06:04 PM   #11
that's what she said

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better to have it hidden in a swiss bank than in swiss cheese, i suppose.
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Old 12-21-2008, 06:19 PM   #12
Really?

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I dunno, I like Swiss cheese! Plus, I have one of these:

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Old 12-21-2008, 06:21 PM   #13
that's what she said

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Quote:
Originally Posted by ccain View Post
I dunno, I like Swiss cheese! Plus, I have one of these:


if you bite that cheese who would you sue for negligence? and would you sue tiny for letting you have that cheese?
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Old 12-21-2008, 07:02 PM   #14
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No good deed goes unpunished.

Next time you need help, call your freakin lawyer.

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