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Man rescued from submerged car sues dive team.

Discussion in 'Ideas and Stories' started by james croft, Mar 11, 2014.

  1. james croft

    james croft Solo Diver

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    Another example of how our legal system is beyond screwed up...



    Colorado Man Could Sue Divers Who Saved Him From Submerged Car (ABC News)

    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.
    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."
     
    Mikko Ilari Laakkonen likes this.
  2. Diver0001

    Diver0001 Instructor, Scuba

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    That's kind of like suing the fire department because they failed to stop you from starting your house on fire.

    What kind of man... I mean *real* man... would do this?

    What an embarrassing excuse. I guess the politically correct term for this is "masculinity-challenged".

    R..
     
    Last edited: Mar 19, 2014
  3. Mike

    Mike Great White

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    Key words here are Boulder Colorado which basically is a small outpost of California transported and transplanted to Colorado. Nothing ever surprises anyone in Colorado if its origin is in Boulder. Many outside of Boulder would like to seal the border around Boulder and just let them do stuff like this to each other as much as they like as long as we can insulate them from interacting with the rest of the normal people in the state.
     
  4. agesilaus

    agesilaus Nassau Grouper

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  5. dmoore19

    dmoore19 Denizen of the PUB ScubaBoard Supporter

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    Maybe next time they'll not put for the effort to save somebody. If he had died would the outcome be different, would the rescuers be sued?
     
  6. tridacna

    tridacna ScubaBoard Supporter ScubaBoard Supporter

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    1. Why is this posted in the SCUBA related court cases? Clearly should be in the pub.

    2. He's not really suing the rescuers. The real target is the party with the deepest pockets probably the governmental agency who are generally immune from these things anyway. No lawyer goes after an individual rescuer. Not enough money.

    Now let's get this moved to the pub where the usual crowd can go to and fro about the evils of torts and how it's all the fault of lawyers and politicians. Ho hum. :argument:
     
  7. iamrushman

    iamrushman Great White

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    perhaps he's suing them before they charge him for the rescue.
     
    AfterDark and divad like this.
  8. agesilaus

    agesilaus Nassau Grouper

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    Sorry if this is in the wrong place. The dive team is mentioned in the article and I assume they were wearing scuba gear.

    BK
     
  9. tridacna

    tridacna ScubaBoard Supporter ScubaBoard Supporter

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    This forum is used to discuss SCUBA accidents. The rescuers were not divers nor was the victim a diver.
     
  10. abnfrog

    abnfrog Tech Instructor

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    but remember soldier of fortune mag is in boulder so there is a small enclave ......im just saying .......
     
    AfterDark likes this.

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