Supremes Deal Blow to the Golden Rule

Posted on December 18, 2008 by Kimberly Amick

This week the California Supreme Court dealt a blow to the holiday spirit of "do unto others" with its decision in Van Horn v. Watson, ruling that a woman who pulled her friend from the car following an accident and caused her paralysis could be tried for causing the injuries.

Relying on the principle, "that one who assumes to act, even though gratuitously, may thereby become subject to a duty of acting carefully, if he acts at all." Artiglio v. Corning, Inc. (1998) 18 Cal.4th 604, 613, the Court held that there was no immunity for a Good Samaritan not performing emergency medical services.

 

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