California Legislators finally correct the wrongdoing of the State Supreme Court!
On August 6, 2009 Governor Schwarzenegger signed Assembly Bill 83 (Feuer/Benoit), legislation which encourages individuals to act as "Good Samaritans" and voluntarily help rescue others in peril. The legislation goes into effect immediately.
“Now Good Samaritans have no reason to hesitate to responsibly help someone in an emergency out of fear that they might be sued, " Assembly Member Mike Feuer said. "This legislation encourages Californians to look out for each other at a time when public resources are all too scarce. I'm proud of the broad coalition that came together to make this common sense law possible." The bill garnered unanimous bi-partisan support in its passage through the Legislature, and it created a broad and unusual alliance of support from law enforcement and rescue agencies, as well as the plaintiffs and defense bars and the American Heart Association.
“As a former Highway Patrol Commander, I’ve experienced many situations where Good Samaritans arrived first on the scene, making the difference between life and death for accident victims,” commented Senator John J. Benoit (R-Bermuda Dunes), a 31-year law enforcement veteran and principal co-author of AB 83. “Good Samaritans show kindness to others and their good acts should be encouraged, rather than discouraged.”
AB 83 reverses a recent court decision and clarifies the Legislature's intent to shield all Good Samaritans from lawsuits if they act responsibility – regardless of whether their rescue assistance is of a medical or non-medical nature. In the court case of Van Horn v. Watson, the California Supreme Court ruled that the state’s Good Samaritan statute only partially protected those who voluntarily act as Good Samaritans from possible negligence lawsuits. The Supreme Court held that such volunteer rescuers would only be shielded from lawsuits if they provided “medical care” at the scene of an emergency; they would not be protected from possible liability if they provided "non-medical care."
Another supporter of the legislation, Christine D. Spagnoli, president of Consumer Attorneys of California, stated: “This bill strikes an important balance between the human desire to help people who are in distress, and the rights of victims. Consumer attorneys are delighted to join police, firefighters, paramedics and insurance and business groups in endorsing this measure.”
“Assemblyman Feuer and his co-authors deserve a big thanks for acting quickly and fixing a quirky law that threatened to penalize people who performed noble acts in helping others in an emergency," said John H. Sullivan, president of the Civil Justice Association of California (CJAC).
Assembly Member Feuer was moved to introduce AB 83 by personal experience. While driving home from work on a Los Angeles freeway we witnessed the driver of a pickup truck swerve and lose control, overturning in traffic. Feuer helped pull the driver and his family from the overturned vehicle while others blocked traffic on the busy freeway.
I read the AARP position papers in the newsletters, magazines and other media, and although they say attempt to say they are taking a neutral position to Obama's reform plan, AARP demands change in the healthcare system. While most of the members are significantly older than the 50 years old required to join, and should be covered by Medicare, the AARP then focuses on the prescription cost "donut hole" that impacts only a small percentage of overall Americans on Medicare, especially those who choose a decent Medicare Advantage HMO policy including prescription coverage!
The shame is that the senior citizens actually believe in AARP and the tripe they throw at their gullible audiences. Like the recent TV commercial showing the ambulance being blocked at every opportunity, by what supposedly were insurers and/or Republicans?