Man may sue his rescuers

Luddly Neddite

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Sep 14, 2011
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Colorado Man Roy Ortiz May Sue Rescuers Who Saved His Life For $500,000

Roy Ortiz of Broomfield, Colo. was saved from a submerged car during heavy flooding in the area last September, but he's now considering suing his rescuers.

Now, his lawyer told the Denver Channel, the rescuers shouldn't have taken two hours to free him.

"Of course he was thankful because those divers did have a major role to play in saving his life that day,” Ed Ferszt said. “That doesn't negate the fact that a mistake may have been made. I can understand why there's a lot of furor over people thinking that he's biting the hand that feeds. Does that mean that officers of North Metro Fire are above reproach?”

Ortiz filed an intent to sue Boulder County Sheriff's deputy Jeannette Cunning, Sgt. Mike Linden and other first responders for up to $500,000, according to the Times-Call.

"I started yelling again and I started making noise to let them know, those people, that I'm alive," Ortiz told CBS Denver.

Flooding is a huge danger in Arizona and people routinely by-pass do-not-enter warning signs and get stuck in flooded washes. It became such an expensive problem they passed teh Idiot Law - fining people for ignoring warning signs, getting stuck in a flood and having to be rescued.
 
Why police and security are trained to empty their clips. A crippled suspect might sue you, if you're gonna shoot, make sure you kill them. :)
 
From what I have seen of this case so far, he doesn’t have a chance to get anything in my book. He’s complaining it took 2 hours for rescuers to get to him, but when did he go in the water and when did the 911 call go in? If he didn’t call for help, whoever did call may have called long after he wrecked. Then you have to factor in response time and how first responders work. Before they do anything, they have to make sure the scene is safe. His car was upside down in swift-moving water. The car had to be secured before divers could be sent into the water. I don’t know how long that would take. Definitely not 2 hours, but more than just a few minutes. The divers also have to be secured before entering the water to attempt a rescue.

Looking at the water itself in the video, it is very muddy. Visibility was most likely zero. It would have been nearly impossible for the rescuers to see inside the car. As for any noise he was making, swift-moving water is also very noisy. It would have been difficult to hear anything else once a rescuer was in the water. Procedure would have the divers checking out the car as soon as they entered the water to see if anyone was in it. With lack of visibility and the noise of the water, it is understandable that the divers missed him.

I’d like to know why he didn’t get himself out. Once the car was mostly full of water, the pressure would be equalized and opening the downstream door or window should have been possible if it wasn’t damaged in the wreck.
 

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