Politics 2000

The California Supreme Court, by a 4-3 vote, ruled that Lisa Torti may be sued by her then-friend, Alexandra Van Horn, for damages allegedly caused while pulling her from a wrecked car. Van Horn was a passenger in a car that crashed Halloween night 2004. Torti was in a trailing car and saw the one-car accident.

Torti pulled Van Horn by the shoulder out of the car and left her near the vehicle. Van Horn asserts Torti’s action aggravated a spinal injury caused by the crash. Van Horn said Torti handled her “like a rag doll” and dropped her near the car.

Van Horn is paralyzed. She sued the driver of her car, Anthony Watson, and Torti for her actions. The case was dismissed by Los Angeles Superior Court that cited Good Samaritan laws. The California Supreme Court majority narrowed the law to those administering “emergency aid.”

The court minority believed the ruling would lead to a chilling effect, that people will avoid trying to help others for fear of lawsuits. The majority maintained that, short of emergencies, assistance should be left to medical professionals to handle.

Torti said she believed Van Horn’s car was about to explode. It did not. Van Horn’s lawyer said Torti should not have left Van Horn near a car she believed would explode. Therefore, the aid given was not “emergency” under the law, leaving open the possibility of suing for damages.

Van Horn will now be able to sue Torti in L.A. Superior Court although a resolution in the case is likely years away. Until then–when seeing someone in distress–one should call for help, then get out of the way and let the professionals work.

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