GOOD SAMARITAN IMMUNITY: MEDICAL EMERGENCIES
Van Horn v. Watson, (Supreme Court of California, December 18, 2008) 197 P.3d 164, 45 Cal.4th 322, 197 P.3d 164, 86 Cal.Rptr. 3d 350, 08 Cal. Daily Op. Serv. 15,199, 2008 Daily Journal D.A.R. 18,512
A woman who was injured in a motor vehicle collision filed suit against an acquaintance who had pulled her from the vehicle following the collision. The plaintiff alleged that she had only suffered an injury to her vertebrae, but that by dragging her out of the vehicle the defendant had caused permanent damage to her spinal cord, rendering her a paraplegic.
The defendant moved for summary judgment based upon Health & Safety Code section 1799.102, 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. The trial court granted summary judgment but the Court of Appeal reversed, finding that the defendant’s actions at the scene did not amount to the rendering of emergency care within the meaning of the statute.
The California Supreme Court affirmed the judgment of the Court of Appeal, holding that the Legislature intended for section 1799.102 to immunize only those persons who in good faith render emergency medical care:
Continue reading "GOOD SAMARITAN IMMUNITY: MEDICAL EMERGENCIES" »
