Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Drowning Man Prepares To Sue His Rescuers
http://www.westernjournalism.com ^ | march 11, 2014 | B. Christopher Agee

Posted on 03/11/2014 6:49:29 PM PDT by lowbridge

In America’s increasingly litigious culture, it is truer than ever that no good deed goes unpunished. The first responders who risked their lives saving a man trapped in his sinking car last year learned this lesson when they received notice that they could face a lawsuit stemming from their heroic act.

Last September, as Roy Ortiz drove to work in Boulder County, Colo., he reportedly lost control of his vehicle on a flooded road and ended up in a nearby creek. While he survived for two hours by using a tiny air pocket within the car, he would not have lived much longer without the decisive actions of individuals who pulled him to safety.

(Excerpt) Read more at westernjournalism.com ...


TOPICS: Chit/Chat; Miscellaneous; Society
KEYWORDS:

1 posted on 03/11/2014 6:49:29 PM PDT by lowbridge
[ Post Reply | Private Reply | View Replies]

To: lowbridge

What is he going to sue them for? Not saving his life quick enough?


2 posted on 03/11/2014 6:53:49 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

What a worthless and ungrateful POC.


3 posted on 03/11/2014 6:58:25 PM PDT by doc1019
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

I’d bet Ortiz did not come up with this cock and bull lawsuit, it had to be his ambulance chasing supposed lawyer.

Disbar the turkey and send Ortiz packing after he pays all court costs and attorneys fee of the defendants.


4 posted on 03/11/2014 6:58:30 PM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants

I hope a jury rules against him and makes him pay for the attorneys’ fees as well as the cost of the rescue.


5 posted on 03/11/2014 6:58:57 PM PDT by Two Kids' Dad
[ Post Reply | Private Reply | To 2 | View Replies]

To: lowbridge

6 posted on 03/11/2014 7:03:12 PM PDT by DannyTN
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants
What is he going to sue them for? Not saving his life quick enough?

Pretty much. This is really about bleeding the insurance companies for settlement money.

7 posted on 03/11/2014 7:05:59 PM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Two Kids' Dad

They wouldn’t want me or you on the jury.


8 posted on 03/11/2014 7:13:16 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: lowbridge

it says the first responders did not initially realize that Ortiz was in the vehicle... or that if someone were in the vehicle, he could not have survived... then who/what were they trying to save? i do not get it...


9 posted on 03/11/2014 7:13:48 PM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

I hope a special place in hell awaits people like this a-hole and his lawyer. This will put a chilling effect on the intentions of those who might otherwise offer to help.


10 posted on 03/11/2014 7:15:08 PM PDT by ScottinVA (Obama is so far in over his head, even his ears are beneath the water level.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Judges need to be a little more willing to just dismiss cases like this as frivolous— and there should be a penalty for filing a frivolous suit on top of that.


11 posted on 03/11/2014 7:24:08 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ScottinVA

I recall during a first aid course years ago that there was some legislation that prevented just such lawsuits in the case of offering aid. This was in Canada so maybe it’s different in the US or varies from state to state. This came up because someone asked about being sued for offering first aid. This is not a new issue as lawyer scum have been around for a while as we well know.


12 posted on 03/11/2014 7:24:13 PM PDT by xp38
[ Post Reply | Private Reply | To 10 | View Replies]

To: xp38

Good Samaritan laws. Thank goodness for them!


13 posted on 03/11/2014 7:28:14 PM PDT by rockrr (Everything is different now...)
[ Post Reply | Private Reply | To 12 | View Replies]

To: doc1019

I am in favor of Good Samaritan laws. In some countries, you can actually face charges for not helping in a desperate situation where you are in no immediate danger (doesn’t apply to being unable to run into a burning house to rescue someone, for example). If the laws were better AND people actually had confidence in them (important), garbage like this would be tossed with prejudice immediately, and I believe that people would be more willing to “get involved”.


14 posted on 03/11/2014 7:33:00 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
[ Post Reply | Private Reply | To 3 | View Replies]

To: The Antiyuppie

Unfortunately I don’t think that Good Samaritan laws apply to professionals.


15 posted on 03/11/2014 7:35:23 PM PDT by doc1019
[ Post Reply | Private Reply | To 14 | View Replies]

To: The Antiyuppie

I would say put him and his lawyer back in the wreck if that would restore natural justice.


16 posted on 03/11/2014 7:38:04 PM PDT by Peter ODonnell (It wasn't this cold before global warming)
[ Post Reply | Private Reply | To 14 | View Replies]

To: lowbridge

Maybe the judge will rule that he be put back into his car in the creek.


17 posted on 03/11/2014 7:38:08 PM PDT by <1/1,000,000th%
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

In the Colorado I grew up in, this man would have never made it to court let alone passed the first attorney


18 posted on 03/11/2014 7:40:17 PM PDT by Nifster
[ Post Reply | Private Reply | To 1 | View Replies]

To: doc1019

“Unfortunately I don’t think that Good Samaritan laws apply to professionals.”

In some areas, they do - I read that a medical professional cannot be sued for malpractice in a good samaritan situation IN SOME AREAS/COUNTRIES. Again, because there isn’t any apparent national policy (which exists in some countries), people just don’t want to help because of the uncertainties. Frankly, under the present circumstances (like the one described in this post), I would tend not to.


19 posted on 03/11/2014 7:44:50 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
[ Post Reply | Private Reply | To 15 | View Replies]

To: lowbridge

Shoot the lawyer first.


20 posted on 03/11/2014 7:52:50 PM PDT by umgud (2A can't survive dem majorities)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Antiyuppie

That is why I was somewhat hesitant in my response.

As a former police officer and certified Paramedic, we (in my state and city) were often reminded that we were subject to all the malpractice laws that other medical professionals were subject to.

Fortunately, our malpractice insurance was covered by the city.


21 posted on 03/11/2014 7:54:59 PM PDT by doc1019
[ Post Reply | Private Reply | To 19 | View Replies]

To: DannyTN

“I saved your life!”

“No! You ruined my death!!!”


22 posted on 03/11/2014 8:01:07 PM PDT by tanknetter
[ Post Reply | Private Reply | To 6 | View Replies]

To: tanknetter

Lucius: You tell me where my suit is, woman! We are talking about the greater good!

Honey: ‘Greater good?’ I am your wife! I’m the greatest *good* you are ever gonna get!


23 posted on 03/11/2014 8:07:32 PM PDT by DannyTN
[ Post Reply | Private Reply | To 22 | View Replies]

To: xp38

I am a registered nurse and still covered by Good Samaritan Laws, however I still have my own insurance policy for these type of A-holes.


24 posted on 03/11/2014 8:17:35 PM PDT by brwnsuga (Free, Black, Conservative and Proud)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Blood of Tyrants

I say allow the heroes to take him back and drown him. THEN let him try to sue.


25 posted on 03/11/2014 8:25:47 PM PDT by Ghost of Philip Marlowe (Prepare for survival.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: lowbridge

This could only happen in a comparative negligence state.


26 posted on 03/11/2014 8:28:08 PM PDT by PUGACHEV
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

so stick his ass back in the car and toss him in the creek.

He’s the one that put his sorry ass there in the first place.

I know, the roads flooded.. lets go for a drive!

Personal responsibility is about as rare as common sense these days.


27 posted on 03/11/2014 9:18:40 PM PDT by cableguymn (It's time for a second political party.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: <1/1,000,000th%

You don’t suppose this was his plan all along. He drove into the river intentionally to wait his rescue, and then sue? I suggest someone water board this bastard to find out if it is true.


28 posted on 03/11/2014 9:39:57 PM PDT by healy61
[ Post Reply | Private Reply | To 17 | View Replies]

To: lowbridge

Yet another case to show the need for loser pays.


29 posted on 03/11/2014 9:45:17 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: doc1019

Well, from what little I know about emergency medical situations, I know not to move a person in an accident (specifically, a car-related accident) UNLESS:

0. There is NO ONE more qualified nearby
1. They are awake can move their fingers and toes
or
1a. The car is on fire and the gas tank is about to explode/the entire car is about to go over a cliff/under the water.


30 posted on 03/11/2014 9:47:39 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
[ Post Reply | Private Reply | To 21 | View Replies]

To: The Antiyuppie

I applaud your knowledge of first responder care taking, however, I would suggest you take a course in first aid/ cpr from either the Red Cross or some other certified organization to make sure your knowledge if complete.


31 posted on 03/11/2014 10:01:08 PM PDT by doc1019
[ Post Reply | Private Reply | To 30 | View Replies]

To: lowbridge

It’s Boulder, what do you expect?!


32 posted on 03/12/2014 1:20:33 AM PDT by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

In the future, first responders would be wise to ignore Roy Ortiz and his lawyer’s needs for help.


33 posted on 03/12/2014 1:48:25 AM PDT by NoLibZone (The bad news: Hillary Clinton will be the next President. The Good news: Our principles are intact.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lowbridge

Some attorneys should simply be disbarred!


34 posted on 03/12/2014 3:18:48 AM PDT by high info voter
[ Post Reply | Private Reply | To 1 | View Replies]

To: xp38
I recall during a first aid course years ago that there was some legislation that prevented just such lawsuits in the case of offering aid. This was in Canada so maybe it’s different in the US or varies from state to state.
Good Samaritan laws. They do vary from state to state. A lot of states don't have them. But they don't apply to professionals, just to amateurs.
35 posted on 03/12/2014 5:08:01 AM PDT by GAFreedom (Freedom rings in GA!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: lowbridge
Simple solution for America’s increasingly litigious culture:

Loser pays all costs involved.

36 posted on 03/12/2014 6:22:18 AM PDT by DE50AE
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson