June 9, 2009 (Sacramento) – Today Assembly Bill 83 (Feuer/Benoit), legislation which encourages individuals to act as "Good Samaritans" and voluntarily help rescue others in peril, unanimously passed the Senate Judiciary Committee.

Feuer introduced the bill following a controversial decision by the California Supreme Court last December.  In the recent court case of Van Horn v. Watson, the California Supreme Court ruled that the state’s Good Samaritan statute currently only partially protects those who voluntarily act as Good Samaritans from possible negligence lawsuits.  The Supreme Court held that such volunteer rescuers will only be shielded from lawsuits if they provide “medical care” at the scene of an emergency; they will not be protected from possible liability if they provide "non-medical care." The bill reverses the recent court decision by making clear the Legislature's intent that all Good Samaritans will be shielded from lawsuits if they act responsibility – regardless of whether their rescue assistance is of a medical or non-medical nature.

In response to the court decision, Feuer stated, "It would be tragic if anyone were to hesitate to assist someone in an emergency out of fear they might be sued.  This legislation encourages Good Samaritans to help, and to act responsibly when intervening."  Feuer was moved to introduce AB 83 by personal experience.  While driving home from work on a Los Angeles freeway several years ago, he witnessed the driver of a pickup truck swerve and lose control, overturning the truck in traffic.  Feuer helped pull the driver and his family from the overturned vehicle while others blocked traffic on the busy freeway.

AB 83 would place California law in line with the statutes of most other states.  Currently, 31 states and the District of Columbia immunize Good Samaritans from liability unless they act recklessly or in a grossly negligent manner. The bill has strong bi-partisan support, as well as a broad and unusual coalition of support from law enforcement and rescue agencies, as well as the plaintiffs and defense bars and the American Heart Association

In the Van Horn case, Lisa Torti pulled her friend and co-worker, Alexandra Van Horn, from a crashed vehicle in Los Angeles, fearing the vehicle was about to catch fire or even explode.  Tragically, in doing so, Torti may have potentially worsened Van Horn's injuries.  Van Horn later sued Torti for damages, but the trial court held Torti was immune from liability under the state's current Good Samaritan statute, since she provided "emergency care at the scene of an emergency."  However, an appeals court overturned the trial court, and a deeply divided Supreme Court held that the state's Good Samaritan statute currently only provides immunity to persons providing medical care at the scene of anemergency -- not "non-medical" assistance.

“It makes common sense for state policy to protect a rescuer from a lawsuit when he or she pulls a victim from a burning vehicle, just as it protects a rescuer from a lawsuit when saving a car accident victim by administering CPR,” noted Feuer.  “We don't want would-be Good Samaritans to hesitate for one minute in responsibly helping others out of ungrounded fear and confusion they might somehow face a future lawsuit depending on how their aid is later classified.”  

  “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.”

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).

Assemblymember Feuer was elected to the California State Assembly to represent the 42nd Assembly District, which includes all or part of the Los Angeles communities of Sherman Oaks, Studio City, North Hollywood, Valley Glen, Valley Village, Toluca Lake, Universal City, Griffith Park, Brentwood, Bel Air, Holmby Hills, Beverly Glen, Westwood, Century City, Hollywood, Fairfax, Hancock Park, Los Feliz, as well as the Cities of Beverly Hills and West Hollywood.