Colorado Man Could Sue Divers Who Rescued Him

[csb]

http://gma.yahoo.com/colorado-man-could-sue-divers-saved-him-submerged-214038116--abc-news-topstories.html

A Colorado man, despite acknowledging that he's lucky to be alive after being trapped in a submerged car, has filed an intent to sue his rescuers for half a million dollars.

Roy Ortiz filed his intent to sue the county of Boulder and his rescuers for a tentative $500,000 as a "preservative" measure, his attorney, Ed Ferszt, told ABCNews.com.

Ferszt said the county should have closed the road during floods in September. He said the first responders were also included because they did not realize Ortiz was trapped in the car until they prepared to lift it out of the water.

"He was not seen or it was assumed no one could have survived it," Ferszt said. "No one discerned he was there."

The incident began Sept. 12 when Ortiz was driving to work. His vehicle hit part of a washed-out road and then plunged into a creek.

"He tried to feel even above his head and all he felt was water everywhere. It was not much of an air pocket," Ferszt said.

Ortiz was able to find a small air bubble in the back of his car where Ferszt said his client spent two hours waiting to be rescued.

READ MORE: How to Escape From a Sinking Car

Since the accident, Ortiz has racked up $40,000 in medical bills and still has shoulder issues and trouble sleeping, including a recurring dream of shivering to death, Ferszt said.

Whether a future lawsuit is filed will depend "on Roy's medical treatment and how that pans out," Ferszt said.

David Hughes, Boulder Deputy County attorney, told ABCNews.com the county is following procedure with Ortiz's claim.

"When we receive a notice of claim, we follow the same process," he said. "Right now the claim is under investigation."

That seems like a lot of BS.

 

[Dexman PE PMP]

I saw this over the weekend. I really hope it gets dismissed otherwise this will set a horrible precident.

 

[cement]

I believe that section of creek is "catch and release"

 

[csb]

"Sir! I'd like to pull you from imminent death, but I'm going to need you to sign this form from our lawyers first!"

 

[Dleg]

"Shivering to death". I never knew such a thing could happen!

 

[Road Guy]

This is very close to the lawsuit I was involved with. They also sued the police / fire but the judge threw them out...

 

[Supe]

Don't certain states have good samaritan laws that both a) require bystanders to help if possible, and b) protect those people from **** like this?

 

[Capt Worley PE]

Don't certain states have good samaritan laws that both a) require bystanders to help if possible, and b) protect those people from **** like this?

SC has one that does b). You can still BE sued, but I guess the court would throw it out? You'd still have to hire a lawyer to present the good samaritan defense.

 

[roadwreck]

I hate lawyers.

 

[Capt Worley PE]

I hate lawyers.

Now, now. The estate and real estate guys are OK. Prosecutors and defense guys serve their purpose.

Trial lawyers...yeah, pretty much.

 

[roadwreck]

I hate lawyers.

Now, now. The estate and real estate guys are OK. Prosecutors and defense guys serve their purpose.

Trial lawyers...yeah, pretty much.

I have a friend who is an estate lawyer. She reeeeeeeeeally hates lawyer jokes, but then I point out stories like this and she has to agree the jokes are usually warranted.

 

[Capt Worley PE]

I hate lawyers.

Now, now. The estate and real estate guys are OK. Prosecutors and defense guys serve their purpose.

Trial lawyers...yeah, pretty much.

I have a friend who is an estate lawyer. She reeeeeeeeeally hates lawyer jokes, but then I point out stories like this and she has to agree the jokes are usually warranted.

There are usually reasons a stereotype exists.

 

[MetsFan]

Ridiculous. I remember seeing a story a while ago in China where a two year old was run over by a van and nobody stopped to help for fear of being sued. Apparently that's a big problem over there with nobody wanting to help.

 

[ventilator]

Its bad but every time I hear a story of a random person helping save a stranger in trouble my mind always goes to thinking how long until I see a lawsuit about this. Ambulance chasing lawyers are ruining an already questionable legal system.

 

[csb]

EMTs aren't typically covered by Good Samaritan laws.