MARION, Ohio — Here’s an interesting lawsuit out of Ohio. Two men who saved a woman from a burning vehicle back in 2009 are now suing her for the injuries they suffered while rescuing her. David Kelley and Mark Kinkaid where driving down Rt. 23 when they saw Theresa Tanner’s*Hummer down an embankment. The vehicle was on fire and Tanner was trapped inside screaming for help. Kinkaid used a tire iron to bust out a window and both men endured heavy smoke and heat as they searched inside the burning vehicle for any other occupants. Kelly was able to get Tanner out of the Hummer, but was so overcome by smoke that Kinkaid had to carry her up the embankment. It was a very heroic move on both men’s part, one that was recognized by the*State Highway Patrol who held a ceremony honoring the bravery of the two men. Tanner would be admitted to the hospital in critical condition and remain*hospitalized*for several months while her rescuers suffered injuries of their own that were both physical as well as mental.*Kelley said the smoke and fire damaged to his lungs were so severe that he can no longer carry a laundry basket upstairs in his home. He had no insurance when he was injured so he, along with Kinkaid, are suing Tanner for damages. I wonder how made it this far before they already started typing their comment calling these men every name in the book. Under normal circumstances I would be inclined to join in. But this is not a normal circumstance as both men just recently found out Tanner’s wreck was the result of a suicide attempt. Two weeks ago both men found out that*Tanner told authorities she had attempted suicide by running off the road after getting into an argument with someone. She told investigators she didn’t remember anything after she intentionally veered off the road. Because of this, the two men are asking for $25,000 each to help cover their medical bills and there is a big chance they will get it as the law is definitly on their side. The “Good Samaritan” law, one recognized by every state, keeps rescuers from being sued if they attempt to save someone. Most of you are probably familiar with that one. But a lot of people are not familiar with a federally recognized tort law known as “the Rescue Doctrine.” This law says if someone being rescued*were negligent or reckless when they put themselves in the position of needing to be saved, rescuers can sue for damages they may have received if they acted reasonably and can prove their injuries. The logic is sound and if they are truly paying medical bills for injuries they suffered that day, I think the men should be compensated. But what do you think?
This article is from The Dreamin' Demon, the Internet's self-appointed buzzkill.


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