Question

In 2004 a California woman named Lisa Torti was in a vehicle with her friend Alexandra Van Horn when they were involved in a car accident that was not their fault. Lisa, upon seeing what she thought was smoke, grabbed Alexandra and quickly pulled her out of the vehicle and away from danger. Alexandra had a severe spinal injury and later sued Lisa for moving her away from the smoking vehicle (and thereby causing more spinal injury).

Many states have laws that prevent bringing lawsuits against a "good samaritan" who is attempting to help you. However, in 2008 a California court ruled 4-3 that Alexandra’s lawsuit against Lisa was justified and could continue.

Assuming Lisa was in fact negligent in moving her friend from the vehicle, discuss your opinion on whether cases like this should be allowed to be brought. Under what circumstances should a "good samaritan" be allowed to be sued?

Explain your answer in 2 or more paragraphs. Then review a few of your classmates posts and give a substantive response to one of them with a paragraph.

Answer 1

The correct answer to this open question is the following.

This case is complex because the "good samaritan" is always doing things trying to help and under these circumstances such as danger or accident, tje individual is under so much stress, nervousness, and fear. So more than thinking, he/she is reacting.

And that is what Lisa did when she saw smoke in the car. She thought that her friend could be in danger or great risk and her first reaction -not thinking- was to move her and keep her out of the danger zone.

Assuming Lisa was in fact negligent in moving her friend from the vehicle, the trial should proceed but it is difficult to demonstrate in court the real intentions of the "good samaritan."

The circumstances in which a "good samaritan" should be allowed to be sued is when there is clear evidence that he/she acted on purpose, trying to inflict pain or damage to the other person.

Lisa Torti was sued by her friend Alexandra Van Horn, after a car accident in 2004. The California court concluded that there was no medical reason to pull Alexandra out of the car, causing her vertebral damage.