• Colorado Man Could Sue Divers Who Saved Him From Submerged Car for $500,000
    48 replies, posted
[url]http://abcnews.go.com/US/colorado-man-sue-divers-saved-submerged-car/story?id=22848802[/url] [QUOTE]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. 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.[/QUOTE] Just looking for some help to pay his bills.
This is some Incredibles-tier shit right here.
The why he's suing seem reasonable but that's a lot of money, especially when it's more than double what his medical bills are.
$40k medical bill for having an accident. What a shit system.
I understand suing the county maybe but the fucking rescuers because they didn't spot him sooner? Would it have been better if they didn't spot him at all? Maybe he should sue the health system instead.
[QUOTE=Electrocuter;44233729]I understand suing the county maybe but the fucking rescuers because they didn't spot him sooner? Would it have been better if they didn't spot him at all? Maybe he should sue the health system instead.[/QUOTE] According to the article, it seems like they saw the car and just assumed no one was in it or no one alive was in it, meaning they didn't bother to check. If that's true, he could have died while they prepped to get the car out just because of their assumptions.
[QUOTE=Emperor Scorpious II;44233737]According to the article, it seems like they saw the car and just assumed no one was in it or no one alive was in it, meaning they didn't bother to check. If that's true, he could have died while they prepped to get the car out just because of their assumptions.[/QUOTE] Oh I see now, yeah I guess that makes sense.
He should sue the water for almost killing him
He's got some pretty legitimate grievances.
[QUOTE=Strikelol;44233781]He should sue the water for almost killing him[/QUOTE] That's not funny. He was almost overlooked by rescuers who thought that there was nobody in the car, or that nobody in the car was even alive. It's a legitimate grievance, even if his reaction seems overboard at first.
I'm not gonna lie; if I was one of those people he was suing I would feel ultimate malice for this guy considering I was probably the reason he's still breathing. The shitty medical system tacking on the 40k bill makes it even more shitty of a situation; but suing the only people who came to help? I guess I sort of understand if they assumed he was dead already. but the article I recently posted about the mother who was left for dead in a similar fashion didn't have any help, noone saw her careen into the retention pool; and she died. this guy probably would have as well if he had been as unlucky as her
[QUOTE=Kite_shugo;44233821]I'm not gonna lie; if I was one of those people he was suing I would feel ultimate malice for this guy considering I was probably the reason he's still breathing. The shitty medical system tacking on the 40k bill makes it even more shitty of a situation; but suing the only people who came to help? I guess I sort of understand if they assumed he was dead already. but the article I recently posted about the mother who was left for dead in a similar fashion didn't have any help, noone saw her careen into the retention pool; and she died. this guy probably would have as well if he had been as unlucky as her[/QUOTE] True, he shouldn't have sued the rescuers as well, it seems a bit on the overboard side, even to me.
Is it too late to put him back in the car?
[QUOTE=Grimhound;44233880]Is it too late to put him back in the car?[/QUOTE] He doesn't deserve death; but I don't know if the people who saved him deserve financial ruin
He shouldn't have driven into the fuckin' flood water if he didn't want to get trapped underwater.
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I'm hoping that either the half a million is a bargaining chip to make a deal for a lower amount or that the county pays most of that and not the rescuers. Though they really fucked up their jobs and possibly almost cost him his life, I don't think they or their families deserve to be impoverished for it.
Aaaaaaand another case to use when someone asks someone else why they don't want to stop and help random people.
[QUOTE=TestECull;44234011]Aaaaaaand another case to use when someone asks someone else why they don't want to stop and help random people.[/QUOTE] Exactly, unless you are legally obligated why would you help anyone in this kind of situation when there's a remote chance of being taken to court? Even if you win it's still a huge waste of time and money. [editline]14th March 2014[/editline] I hope the case gets thrown out.
that's a strange way of thanking the people who saved your life
[QUOTE=Emperor Scorpious II;44233652]The why he's suing seem reasonable but that's a lot of money, especially when it's more than double what his medical bills are.[/QUOTE] Usually lawyers ask that and just settle for a lot less
[QUOTE=Hat-Wearing Man;44234083]that's a strange way of thanking the people who saved your life[/QUOTE] He's no doubt grateful to them for saving his life, but that doesn't change the fact that they didn't follow protocol to determine if there was anybody in the vehicle who needed help before commencing salvage operations, or the fact that the road was open and without flood warnings in the first place, leading to his vehicle being washed away, both of which could have easily resulted in his death. I'm not arguing that we should be suing cops, firemen, or EMT's for any ole' thing, but his complaints are legitimate. Why did nobody check to see if there was still anybody in the vehicle who might need help first?
[QUOTE=sloppy_joes;44234032]Exactly, unless you are legally obligated why would you help anyone in this kind of situation when there's a remote chance of being taken to court? Even if you win it's still a huge waste of time and money. [editline]14th March 2014[/editline] I hope the case gets thrown out.[/QUOTE] The Good-Samaritan law exists for this purpose.
[QUOTE=Cakebatyr;44234176]The Good-Samaritan law exists for this purpose.[/QUOTE] [quote]Even if you win it's still a huge waste of time and money.[/quote] [editline]14th March 2014[/editline] some countries don't even have good samaritan laws, ie China.
[QUOTE=TestECull;44234011]Aaaaaaand another case to use when someone asks someone else why they don't want to stop and help random people.[/QUOTE] "oh my god i'm drowning in this lake someone please help me i'm gonna die" "no i can't hang on a minute i've got a list of facepunch threads about it let me email you them"
[QUOTE=sloppy_joes;44234032]Exactly, unless you are legally obligated why would you help anyone in this kind of situation when there's a remote chance of being taken to court? Even if you win it's still a huge waste of time and money. [editline]14th March 2014[/editline] I hope the case gets thrown out.[/QUOTE] That is the worst aspect that has come out of American society. Lawsuits. In today's age you can sue for damn near anything, I have two stories that stand out in my mind that happened here in Colorado (as well!); 1) A guy breaks into a house, via the vents above the Garage. While he is crawling through them the vent gives out and drops the man into the locked Garage. Because the tenants were on vacation the man remained trapped in the home for two or so weeks, surviving off of Dog food and water from an inside spigot. He sued the family for endangerment and something else. He also won. (DESPITE THE FACT HE WAS ORIGINALLY BREAKING AND ENTERING!) 2) Another guy breaks into a home while the residents are at work, while making his way through the house he steps on a toy car in the kitchen, performs a mid-air somersault and lands on his back, injuring his spine and neck to a point where he remains where he was until the home owners came home and found them. He too, sued the homeowners for security and lack of safety around the house. Saying if he got hurt, their kids and friends/family could also have been hurt. The FUCK america?! Lawsuits are the biggest leech to an American's life. You can no longer be saved, without fear of being sued for helping or making a mistake. I mean seriously? What kind of society hurts the very people who try to help them? That alone shows a big problem brewing beneath. I dont think he should win the case and be rewarded the $500,000 dollars. They didn't put him there, they didn't cause the skies to rain, and they were trying to do their jobs when they discovered him. Its unfortunate he is having night terrors, but he will eventually get over them. If he needs help, then he should seek therapy. Shoulder hurts? Yoga, compresses, and massages. I guarantee it'll improve within a year.
[QUOTE=Keys;44234218] Lawsuits are the biggest leech to an American's life. You can no longer be saved, without fear of being sued for helping or making a mistake. I mean seriously? What kind of society hurts the very people who try to help them? That alone shows a big problem brewing beneath. I dont think he should win the case and be rewarded the $500,000 dollars. They didn't put him there, they didn't cause the skies to rain, and they were trying to do their jobs when they discovered him. [/QUOTE] Fortunately, its pretty rare for the average American to be caught up in a lawsuit. You seem to be majorly overreacting to a few here and there cases. I think he should win. Not too sure about $500k though. The article makes it sound like the rescuers were supposedly professionals, if they were they surely slept through a few days of training. Even Driver's Ed teaches you to check on a person's condition if you see an accident. Its never safe to assume that a car sunk in flood water, right next to a road, is empty
Why should he win? If he paid attention to the road conditions he wouldnt have been in that mess in the first place. Throw the case out.
[quote]Despite acknowledging that he's lucky to be alive after being trapped in a submerged car.[/quote] Seriously? If I was saved, I would be thankful towards those people that saved me. Why sue them? They saved your life, now they have to pay for your sorry ass too? You should not be in the water with the car in the first place. People these days, they need to understand the concept of thanking someone instead of taking it for granted.
[QUOTE=No_Excuses;44233657]$40k medical bill for having an accident. What a shit system.[/QUOTE] And yet there are people who defend it, even on fp
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