No Good Deed Goes Unlitigated
A Colorado man, saved by divers from his submerged car, has filed an intent to sue his rescuers for half a million dollars, reports ABC News. Alyssa Newcomb reports:
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.
From another story -- from thedenverchannel.com, by Russell Haythorn:
Ferszt says even though divers with North Metro Fire Rescue have a very difficult job, if they didn't realize Ortiz was still alive inside the car that was flipped upside down, those rescuers were negligent...."Well, well let's talk for a second about the divers," said Ferszt. "If divers went into the water in an attempt to locate Roy and they didn't see him there, as dangerous a job that it is -- and we are thankful for first responders, that was a mistake. And the legal term for that mistake is negligence."
Ferszt said the letter filed only says that it's possible that that negligence may have contributed to the length of time Ortiz spent in the water.
...Ferszt said they don't plan to seek the full $500,000.
"Obviously, I don't contend that Mr. Ortiz suffered actual damages in the amount of $500,000," he said. "But governmental immunity notice required you to state a figure."
via @overlawyered
Easy Solution: Toss him back in.
Chris Rhodes at March 12, 2014 4:34 AM
Does Colorado not have a shield law for this sort of thing?
Cousin Dave at March 12, 2014 6:19 AM
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.
Two hours? best of luck in suing them.
Throw him back in, indeed. Preferably with a large millstone about his neck.
I R A Darth Aggie at March 12, 2014 7:23 AM
"Throw him back in, indeed. Preferably with a large millstone about his neck."
Sadly, I think Mr. Ortiz has a big enough millstone in the form of Mr. Ferszt. Send the lawyer in first.
bkmale at March 12, 2014 7:27 AM
What terrible people- both Ortiz and his lawyer.
ahw at March 12, 2014 8:21 AM
This guy needs to be grateful he is alive. And then he needs to be laughed out of court.
If I were on the jury I would be awarding money to those that rescued his ass.
Jim P. at March 12, 2014 8:30 AM
Without knowing more...I could maybe see the issue with the road needing to be closed.
Since, as I understand it, he was out of the drivers position to get to some air bubble I could easily see the dive crew missing him. They check the driver's spot and no one is there...car must be empty...can't risk going through it that closely.
The Former Banker at March 12, 2014 1:35 PM
If you're diving in fast-moving, murky, swirling, debris-filled floodwaters, you're doing good just to find the car and keep from getting killed yourself. A detailed inspection is just not possible.
Cousin Dave at March 12, 2014 2:09 PM
Two issues with cases like this:
One: The sad aspect of such news stories and such lawsuits is that when there is a real need for a lawsuit against the county these types of stories tend to "water down" the real cases. Sort of like crying wolf. It becomes somewhat hard for the public to determine when those in charge should be guilty of negligence and when they shouldn't.
Two: additionally, it is also why some first responders do NOT respond quickly when it would be easier for them to do so. I seem to remember a case where some EMTs wouldn't help a man who was injured and lying in a shallow creek bed; they said that they weren't trained to help with "water rescues." They waited until those properly trained showed up. (or maybe I remember wrong and they did help; but were fired for it?)
Either way, I'll bet dollars to donuts they (or their bosses who fired them) were thinking of cases like this one.
Shield laws or not; even if the case doesn't make it to court first responders should not be losing sleep over some asshole suing them.
I kind of hope that there is some sort of counter claim against this man for "emotional distress" he and his lawyer is causing others.
Charles at March 12, 2014 2:11 PM
Problem with 'the government shoulda closed the road' argument.
Flash floods happen so quickly they cant get people out to delver signs cause other section of the roads have already flooded.
Its not the governments job to THINK for you, even though they often like to claim it is. Its not that hard for someone familiar with the area to tell if a road is flooded.
AZ finally passed a stupid motorist law allowing municipalities to sue citizens stupid enough to drive into a flooded wash.
lujlp at March 12, 2014 4:03 PM
He appears to mostly be suing the county.
I still have no respect for the idea that "not seeing me in the car underwater was negligence".
Not all failures to do something are negligent, not remotely.
Sigivald at March 12, 2014 4:09 PM
I find it despairing that our society has raised up such citizens, such lawyers. Or we have imported them.
If Mr. Ortiz suffered $500,000 in damages, that is his to stand as a member of society. If the first responders, their supervisors, or county officials did something wrong; then discipline those involved. What these suits amount to is taxpayers unloading cash onto Ortiz et al, while those responsible, if responsible, are only indirectly disciplined.
doombuggy at March 13, 2014 5:37 AM
He's also in this country illegally. I heard it in the news Thursday during an interview with him and his lawyer.
BunnyGirl at March 14, 2014 9:52 PM
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