December 18, 2008, 21:56
R_SmithBad Samaritans
Could this kind of lawsuit happen in Texas?
California Supreme Court allows good Samaritans to be sued for nonmedical care
December 19, 2008, LA Times
In a decision that could give pause to would-be good Samaritans, the California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical.
....
Writing for the majority in the 4-3 ruling, Justice Carlos R. Moreno said the court's primary duty was to determine the Legislature's intent in immunizing from prosecution certain persons whose good Samaritan acts aggravate or inflict injury. Because the relevant section is within the code's emergency medical services division, lawmakers probably intended it "to immunize from liability for civil damages only those persons who in good faith render emergency medical care at the scene of a medical emergency," Moreno wrote.
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The three dissenting justices argued, however, that the aim of the 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."
http://www.latimes.com/news/local/la-me-good-samaritan19-2008dec19,0,4033454.storyDecember 19, 2008, 11:04
Scott BrumleyAt least if the other side of the lawsuit is an insurance company:
Texas Supreme Court's decision denying good samaritan's recovery on UIM policy.