Men save woman’s life, then sue her

Three men who pulled a suicidal woman from the burning wreckage of a car crash were honored as heroes for their spur-of-the moment, life-saving decision. But the story has swerved into controversy.

A woman driving a newer model Hummer struck a guardrail on a rural Ohio highway in 2009, then hit a concrete bridge abutment before the rig slid down an embankment and caught fire.

Three guys driving down the same highway saw smoke, stopped their car and jumped out. David Kelley, Mark Kincaid and a third man heard cries for help and they didn’t hesitate.

“Mr. Kincaid broke out a window with a tire iron to gain access to the driver, Mr. Kelley pulled her from the burning vehicle, carried her up the embankment to safety where she was then treated by emergency medical personnel,” said Ohio Highway Patrol Lt. Anne Ralston.

“The three men were honored by the Highway Patrol and they were presented with certificates of recognition for their heroism,” said Lt. Ralston.

Here, the feel-good story gets awkward. Two of the men are suing the woman they rescued, claiming the crash was a suicide attempt and obviously her fault. They claim they suffered permanent and disabling injuries and deserve compensation from the woman.

Seattle personal injury attorney Sim Osborn admits on the surface the lawsuit seems outrageous. However, on further legal inspection, he concludes, “Legally, they can do it. For me, personally, rescuing a dying woman and then they get injured, [the lawsuit] is just bad form, at least for me,” said Osborn.

The Good Samaritan law protects people who do good deeds from being sued if something goes wrong. The Rescue Doctrine provides that if a rescuer is hurt, the wrongdoer is liable for the rescuer’s injury. Seattle attorney Randy Gordon questions the validity of the claim and he’s not sure that it’s the right thing to do.

“I come from a background, and a lot of other people in this society also share this idea that doing the right thing should be its own reward,” said Gordon.

He says we’re progressing down a path where everybody demands payment for everything. Gordon thinks the case might make some new law. But ultimately, he says, “I don’t believe there is any existing duty for her to compensate her rescuers, no.”

One of the rescuers says he’s not the same after his injuries but if he came upon the crash scene today, he’d still stop and try to help.