Rescuers suing woman they saved from fiery crash

[cassanova]

Rescuers suing woman they saved from crash - US news - Crime & courts - msnbc.com
MARION, Ohio — Two men who rescued a woman from a fiery crash in central Ohio are now suing her for injuries they say they obtained during the rescue, according to a report in The Columbus Dispatch.

David Kelley and Mark Kinkaid are suing Theresa Tanner for permanent and disabling injuries they obtained while rescuing her from a car crash in March 2009, which they say was her fault. The suit, filed March 10 in Marion County Common Pleas Court, asks for damages of at least $25,000 each.

"All I know is that I am not the same man I used to be," Kelley said in an interview with The Columbus Dispatch. "What I saw that day, that woman, it haunts me. The flames were so hot when we got to her that her hair was melting to her head — melting. There isn't hardly a night that goes by that I don't wake up in a sweat, that image in my mind."

Kelley, a father of five from Marion, Ohio, said his lungs were damaged from the heavy smoke and fire in the accident. The 39-year-old truck driver said he can't even manage to carry a laundry basket up the stairs in his home.

The lawsuit claims that Tanner operated her vehicle "intentionally and/or recklessly and/or negligently," resulting in the vehicle crashing and catching on fire. It claims that Kelley and Kinkaid received "severe bodily injuries" as a result of Tanner's actions and that "all or some of these injuries are permanent in nature resulting in permanent disability."

Kinkaid's and Kelley's efforts saved Tanner's life, although she was critically injured. After the accident, she spent several weeks in an intensive-care unit, reported The Columbus Dispatch. The Ohio State Highway Patrol honored the two men for their bravery a month after the crash at a ceremony in Marion.

The men jumped over a barbed-wire fence and knocked down trees on their way down the steep highway embankment to get to Tanner's Hummer after they noticed smoke from the side of the highway.

A daring rescue
When they arrived at the car, Kinkaid broke a window with a tire iron, but the men couldn't reach her through the small Hummer windows, reported The Columbus Dispatch. Despite the heavy smoke and intense flames, the men continued to reach into the car and search for other passengers. Kelley said the heat was so intense that it burnt the hair off his body and melted his cell phone.

Kelley finally was able to pull Tanner, the lone passenger, out of the car and Kinkaid carried her up the hill away from the flames, because Kelley was too overcome from the smoke, he said.

Apparently, good samaritans who sue those they rescue isn't uncommon, according to Stan Darling, a professor at Capital University Law School.

"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," Darling said in an interview with The Columbus Dispatch.

"That's the first time in my experience that I've heard of people going back and suing the person they rescued," patrol Lt. Chuck Jones said Monday.

He said he still believes the men needed to be honored for their bravery.

"I'm almost 100 percent certain that she would have perished in the fire if they had not pulled her from the vehicle," said Jones, who's now a criminal patrol commander in the Columbus area.

Kelley's fellow rescuer, Kinkaid, could not be reached for comment by the Dispatch. Kinkaid, 43, of Prospect, Ohio, was indicted on several felonies after the suit was filed that are unrelated to the crash. Kinkaid posted a $50,000 bond and was released from jail in June, according to the Dispatch.

Tanner, 28, of Marysville, Ohio, declined via her husband to comment on the story to The Columbus Dispatch. According to the Ohio State Highway Patrol report of the crash, Tanner told authorities she had an argument with someone on the day of the crash and she wanted to end her life. She said she didn't remember anything after crashing into a bridge guardrail.

The Associated Press also contributed to this report

[MatticusMania]

The lawsuit claims that Tanner operated her vehicle "intentionally and/or recklessly and/or negligently," resulting in the vehicle crashing and catching on fire. It claims that Kelley and Kinkaid received "severe bodily injuries" as a result of Tanner's actions and that "all or some of these injuries are permanent in nature resulting in permanent disability."

No, they received "severe bodily injuries" as a result of their own actions. These two didnt have to do anything yet chose to do so in spite of any apparent danger.

[El Beardo]

^Agreed

She should counter-sue them for not getting there sooner. $25k from each of them should do.

[Smokin' Toaster]

You guys are amazing!!! It was a freaking suicide attempt!! I'm sure both of these guys would have let the selfish idiot burn if they had known that. Not only did she botch her suicide, she almost killed two good samariatians in the process. She deserves to be sued, and they deserve compensation. And I regularly rail about our sue happy society, but this is a case where these guys acted on the assumption that she was in a situation that was out of her control. She attempted to kill herself, and put any would be rescuer, policeman, fireman, or good samaritan in harm's way by her actions, just as surely as if she had fired a gun at them.

Look at it this way: do you want to be in her situation (burning car, by accident not suicide) and have a would-be rescuer debating on your motives?

[MatticusMania]

It matters not to me what the woman's motives were. The two guys took it upon themselves to get involved. The woman wanted to die, and these guys prevented her from accomplishing that, smells like a lawsuit there, too.

[colcifer]

Tough one... I don't think I'd've sued myself but I do think there should be a mechanism for compensating people who receive injuries during rescues.

[Smokin' Toaster]

Originally Posted by MatticusMania

It matters not to me what the woman's motives were. The two guys took it upon themselves to get involved. The woman wanted to die, and these guys prevented her from accomplishing that, smells like a lawsuit there, too.

What would you have done? Would you have watched her die?

If you were in their shoes, would you be pissed that you became disabled/disfigured because she was a selfish ^&% trying to commit suicide?

Ever risked your life to save someone else's?

It's awfully easy to be an armchair quarterback. If you had (burned) skin in the game, or lost fingers preventing you from playing bass again you might feel differently.

And I bet you be indignant if you were burning to death and your would-be rescuer was wondering if they should save you.

[dmusic148]

Wow. Not with a ten-foot pole. Nope.

[MatticusMania]

Originally Posted by Smokin' Toaster

What would you have done? Would you have watched her die?

If you were in their shoes, would you be pissed that you became disabled/disfigured because she was a selfish ^&% trying to commit suicide?

Ever risked your life to save someone else's?

It's awfully easy to be an armchair quarterback. If you had (burned) skin in the game, or lost fingers preventing you from playing bass again you might feel differently.

And I bet you be indignant if you were burning to death and your would-be rescuer was wondering if they should save you.

Id have not gotten involved and kept driving, wouldnt be watching anyone die.

Yes, I have risked my life to save someone else, and that person was also trying to kill themself, and Id have not tried to sue if I were injured, as I took it upon myself to help.

[Relic]

Tough one.
I don't think that I could allow someone to die. I would probably also have tried to save her. That said, if I suffered injuries only to find out that it was a suicide attempt, I think I'd be pretty furious TBH. Not sure if I'd sue, but I'd be p**sed

[Simo98]

Just when I think I can't lose any more faith in humanity.

[macaroni tony]

Originally Posted by Relic

Tough one.
I don't think that I could allow someone to die. I would probably also have tried to save her. That said, if I suffered injuries only to find out that it was a suicide attempt, I think I'd be pretty furious TBH. Not sure if I'd sue, but I'd be p**sed

Yeah. So would I.

I don't think the rescuers literally believe they were "forced" by the lady's actions, but that's the language they have to use of they hope to get anything in a lawsuit.

Other than that...I....uh...I don't know man. Just don't know.

[Quickie]

And the lawyers are lining up to represent these two "gentlemen".

[MakiSupaStar]

I sense a lawsuit against Hummer too. Notice the little quip about small windows?

As a professional rescuer one of the first things you're taught is to protect yourself. These guys were ill equipped to go in after her. But I'm of the camp that these guys were not forced to get involved any more than calling 911. While it may or may not be a human instinct to rescue someone in distress, and I do see it all the time (person swimming out to rescue someone drowning drowns with them, for instance), ultimately the decision to get involved was theirs, as are the consequences of said decision.

[Papa Dangerous]

Perhaps the bridge guardrail should be sued for impeding her progress of going off the bridge.

[MJ5150]

In some states, if you are certified with the abilities to rescue and save people, you have to help when you see a situation that requires your skeelz.

-Mike

[i_got_a_mohawk]

Originally Posted by MakiSupaStar

As a professional rescuer one of the first things you're taught is to protect yourself.

+1

Worry about yourself first, the person you are saving second. (not a professional rescuer, but it was the first thing we were taught in First Aid).

he claims they are making stink of BS. Seriously, one of them moaning about what he saw? Awwww, princess.

If you are trying to help someone, make sure it is safe to, if you aren't comfortable, wait for the professionals (who you should have already contacted) to get there and make that call.

[Smokin' Toaster]

FWIW, I was a firefighter with a local, very well trained volunteer fire-rescue department in a rural area for 8 years. I was trained in First Responder and Jaws of life, as well as HazMat and firefighting. I have saved and lost some victims. I know that rule #1 is don't get yourself in trouble and make the situation worse. If I had rolled up on that accident, I'd have done everything I could safely have done to save her. And I'd have been mightily pissed to find out she was attempting suicide. I doubt I'd been able to sue as a firefighter.

My point is that someone who is risking their all to save someone they perceive to be in a situation beyond their control and not of their making should not have to find out that the person they were trying to save is a selfish drama queen trying to off herself. Would you feel so sorry for her if she had totaled your car? Killed a few members of your family? Would you be suing her? I know these guys chose to try to save this woman. Maybe it's not in them to watch someone die. Selfish of them huh?

If I destroy your faith in humanity, you need to get a grip on reality. There are people in this world who are not worth risking anything for, and to me, suicides are among them. Selfish &$#* that don't care about the mess or the mourners they leave behind, it's all about them.

[jmattbassplaya]

[Kwesi]

I gotta ask, why is it that so many people seem reluctant to give their thoughts on this? It looks pretty cut and dry to me, not that anyone has to agree with me but it seems pretty cut and dry. I'm with Matticus 100% on this one.