Tort Law

Good Samaritans Sue Woman They Rescued From Burning Hummer, Seek Compensation for Injuries

  •  
  •  
  •  
  • Print

Hailed as heroes for rescuing an Ohio woman from a burning SUV in 2009, David Kelley, 39, and Mark Kinkaid, 43, are now suing her over their injuries.

The two say in their Marion County Common Pleas Court suit that they suffered disabling injuries after breaking the window of Theresa Tanner’s red Hummer with a tire iron to save her from a fire so hot that it was literally melting the hair on her head, the Columbus Dispatch reported.

A police report says Tanner, now 28, told authorities she had wanted to end her life on the day of the crash. She apparently doesn’t remember much of the accident.

Under the rescue doctrine in many states, individuals hurt while acting as good samaritans can get compensation for their injuries if the victim was negligent, professor Stan Darling of Capital University Law School tells the newspaper. “The precedent is clear: danger invites rescue … and if you’ve acted recklessly or negligently and someone gets hurt rescuing you, you could be in trouble.”

Hat tip: Above the Law.

Give us feedback, share a story tip or update, or report an error.