CALIFORNIA SUPREME COURT TO DECIDE THE SCOPE OF GOOD SAMARITAN IMMUNITY STATUTE

On June 13, 2007, the California Supreme Court granted review in Van Horn v. Watson/Torti, Case No. S152360, to decide whether the immunity provided by Health and Safety Code section 1799.102 for any person who renders emergency care at the scene of an emergency applies only to persons who provide emergency medical services at the scene of a medical emergency.

Van Horn was the front seat passenger in a vehicle that was involved in a single car accident. Torti, who was riding in another vehilce that stopped to render aid, removed Van Horn from the wreck because she feared it would burst into flames. Van Horn sued Torti, alleging that Torti negligently aggravated Van Horn's spinal injury, causing Van Horn to become a paraplegic. Torti obtained summary judgment under Health and Safety Code section 1799.102, which states: "No person who is 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 Court of Appeal reversed, holding that, despite the broad language of the statute, section 1799.102 "applies only to emergency medical care rendered at the scene of a medical emergency." The Court of Appeal further held that whether medical care is rendered at the scene of a medical emergency is determined based on the rescuer's subjective intent to render such aid. Since Torti testified at deposition that she removed Van Horn from the wreckage because she feared the car would catch fire or explode, the court held section 1799.102 immunity inapplicable as a matter of law.

Amicus briefs in this matter will be due in October 2007, at the earliest. Questions regarding this matter and the possibility of amicus briefing may be directed to either H. Thomas Watson or Lisa Perrochet at (818) 995-0800 (or by e-mail: htwatson@horvitzlevy.com or lperrochet@horvitzlevy.com).

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